Quotulatiousness

June 26, 2013

Buh-bye, DOMA

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 12:59

I was away from my computer for about an hour this morning and when I came back online, my Twitter feed had exploded with news and opinion links about the US Supreme Court striking down the Defence of Marriage Act. While I’m delighted with the result (check my posts tagged Same Sex Marriage if you’re curious), it’s interesting to watch the reactions on all sides of the issue.

June 25, 2013

Snowden’s character doesn’t matter – Snowden’s revelations matter a great deal

Filed under: Government, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 15:08

Gene Healy says that it doesn’t matter what you think about Edward Snowden, you should care a lot about what he’s revealed:

Here, the most disturbing aspect of the Snowden revelations is the NSA’s comprehensive, multiyear call-records database, with communication and phone-location information on millions of Americans. Especially if combined with metadata on emails, website visits and financial transactions that the agency is also amassing, that information is a potential treasure trove for political abuse — it can be used to ferret out the sort of information governments have historically used to blackmail and neutralize political opponents: who’s leaking, who’s organizing, who’s having an affair. The potential abuse of that information represents a grave threat to American liberty and privacy regardless of Snowden’s character and motivations.

In an post last week, Buzzfeed‘s Ben Smith makes the key point: “You Don’t Have to Like Edward Snowden.” Snowden, Smith argues, is “a source,” and the information sources convey is far more important than their “moral status” or the “fate of [their] eternal soul[s].”

Smith mentions Mark Felt, the FBI honcho who served as Woodward and Bernstein’s “Deep Throat” during their investigation of the Watergate burglary and cover-up. Felt, it turned out, was simply settling scores in a bureaucratic power struggle. He had no scruples against criminal violations of privacy — in 1980 he was convicted of conspiring to violate the constitutional rights of Americans through warrantless break-ins as part of the FBI’s COINTELPRO program.

It was important for Americans to know that their president was a crook. That Mark Felt was also a crook is neither here nor there. As Smith puts it, “who cares?”

Portugal’s experience with drug decriminalization

Filed under: Europe, Health, Law, Liberty — Tags: , , , — Nicholas @ 14:38

The Cato Institute sent out a Twitter update, reminding everyone about the 2009 White Paper by Glenn Greenwald on how the Portuguese drug experiment played out after 2001:

On July 1, 2001, a nationwide law in Portugal took effect that decriminalized all drugs, including cocaine and heroin. Under the new legal framework, all drugs were “decriminalized,” not “legalized.” Thus, drug possession for personal use and drug usage itself are still legally prohibited, but violations of those prohibitions are deemed to be exclusively administrative violations and are removed completely from the criminal realm. Drug trafficking continues to be prosecuted as a criminal offense.

While other states in the European Union have developed various forms of de facto decriminalization — whereby substances perceived to be less serious (such as cannabis) rarely lead to criminal prosecution — Portugal remains the only EU member state with a law explicitly declaring drugs to be “decriminalized.” Because more than seven years have now elapsed since enactment of Portugal’s decriminalization system, there are ample data enabling its effects to be assessed.

Notably, decriminalization has become increasingly popular in Portugal since 2001. Except for some far-right politicians, very few domestic political factions are agitating for a repeal of the 2001 law. And while there is a widespread perception that bureaucratic changes need to be made to Portugal’s decriminalization framework to make it more efficient and effective, there is no real debate about whether drugs should once again be criminalized. More significantly, none of the nightmare scenarios touted by preenactment decriminalization opponents — from rampant increases in drug usage among the young to the transformation of Lisbon into a haven for “drug tourists” — has occurred.

The political consensus in favor of decriminalization is unsurprising in light of the relevant empirical data. Those data indicate that decriminalization has had no adverse effect on drug usage rates in Portugal, which, in numerous categories, are now among the lowest in the EU, particularly when compared with states with stringent criminalization regimes. Although postdecriminalization usage rates have remained roughly the same or even decreased slightly when compared with other EU states, drug-related pathologies — such as sexually transmitted diseases and deaths due to drug usage — have decreased dramatically. Drug policy experts attribute those positive trends to the enhanced ability of the Portuguese government to offer treatment programs to its citizens — enhancements made possible, for numerous reasons, by decriminalization.

Maybe crime doesn’t pay after all…

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 08:39

680News reported on a Toronto Police drug investigation that ended up with 35 arrests on various charges. That sounds impressive until you get down to the summary of what contraband was confiscated in “Project Wanted”:

Thirteen grams of crack cocaine were seized, seven grams of marijuana, three grams of heroin, 34 grams of ecstasy. The total street value of the drugs was valued at $5,000. The police also seized $1,710.00.

Unless they managed to flush a huge amount of drugs before being arrested, you’d have to say that these people wouldn’t be listed as “drug kingpins”. And these are not amateurs, either:

Police also allege that the total number of convictions of those arrested is 723. The average number of convictions on each person’s criminal record is 20.

Twenty-seven of those arrested were on bail at the time the crimes were alleged to have happened. Nine were on probation.

“You cannot have a functioning democratic republic when the laws are so voluminous no one can know what the law is”

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

I really did think they were kidding about needing to pass the law to be able to find out what was in it, but this appears to be the way US laws are made nowadays:

When a bill is amended in a sneaky manner, as this one has been, no responsible senator could just read 100 new pages. The amendments are interspersed thoughout the bill — it’s not like you could sit and read them as a unit, even if you had the time. Since the proponents are clearly trying to pull a fast one, prudence, as Senator Cruz pointed out, would dictate rereading every line of text, old and new, to search for insertions — and, indeed, news reports indicate that numerous new buy-offs and pot-sweeteners have been inserted.

But there is a larger point: no “important legislation” should be 100 pages long, much less 1,200 (or the even more mind-boggling girth of monstrosities like Obamacare). The United States Constitution is about 4,500 words long — outfits like Cato and Heritage publish it in small pamphlets that can be read in a few minutes. Nowadays, not only are the bills so gargantuan that no one could conceivably master them and predict their consequences; each page produces even more pages of regulations. They can’t even be lifted, much less digested.

You cannot have a functioning democratic republic when the laws are so voluminous no one can know what the law is. And that is especially the case when (a) the rationale for passing new laws — according to “reform” proponents like Senator Marco Rubio and Rep. Paul Ryan — is that we don’t enforce the laws currently on the books; (b) key parts of legislation consist of commitments to do what previously enacted law already commands; and (c) the president, notwithstanding his oath to take care that the laws are faithfully executed, claims the power to refrain from enforcing whatever laws he disapproves of. Washington has made a farce of the legislative process and of the once proud boast that we are ”a nation of laws not men.”

June 24, 2013

Read an excerpt from Rise of the Warrior Cop by Radley Balko

Filed under: Books, Law, Liberty, USA — Tags: , , , , — Nicholas @ 16:09

There is an excerpt from the book Rise of the Warrior Cop in the July issue of the ABA Journal:

Are cops constitutional?

In a 2001 article for the Seton Hall Constitutional Law Journal, the legal scholar and civil liberties activist Roger Roots posed just that question. Roots, a fairly radical libertarian, believes that the U.S. Constitution doesn’t allow for police as they exist today. At the very least, he argues, police departments, powers and practices today violate the document’s spirit and intent. “Under the criminal justice model known to the framers, professional police officers were unknown,” Roots writes.

The founders and their contemporaries would probably have seen even the early-19th-century police forces as a standing army, and a particularly odious one at that. Just before the American Revolution, it wasn’t the stationing of British troops in the colonies that irked patriots in Boston and Virginia; it was England’s decision to use the troops for everyday law enforcement. This wariness of standing armies was born of experience and a study of history — early American statesmen like Madison, Washington and Adams were well-versed in the history of such armies in Europe, especially in ancient Rome.

If even the earliest attempts at centralized police forces would have alarmed the founders, today’s policing would have terrified them. Today in America SWAT teams violently smash into private homes more than 100 times per day. The vast majority of these raids are to enforce laws against consensual crimes. In many cities, police departments have given up the traditional blue uniforms for “battle dress uniforms” modeled after soldier attire.

Police departments across the country now sport armored personnel carriers designed for use on a battlefield. Some have helicopters, tanks and Humvees. They carry military-grade weapons. Most of this equipment comes from the military itself. Many SWAT teams today are trained by current and former personnel from special forces units like the Navy SEALs or Army Rangers. National Guard helicopters now routinely swoop through rural areas in search of pot plants and, when they find something, send gun-toting troops dressed for battle rappelling down to chop and confiscate the contraband. But it isn’t just drugs. Aggressive, SWAT-style tactics are now used to raid neighborhood poker games, doctors’ offices, bars and restaurants, and head shops — despite the fact that the targets of these raids pose little threat to anyone. This sort of force was once reserved as the last option to defuse a dangerous situation. It’s increasingly used as the first option to apprehend people who aren’t dangerous at all.

June 23, 2013

Two remarkable press releases on the Snowden case

Filed under: China, Government, Law, Russia, USA — Tags: , , , , , — Nicholas @ 10:46

First, here’s the official Hong Kong government’s statement:

Mr Edward Snowden left Hong Kong today (June 23) on his own accord for a third country through a lawful and normal channel.

The US Government earlier on made a request to the HKSAR Government for the issue of a provisional warrant of arrest against Mr Snowden. Since the documents provided by the US Government did not fully comply with the legal requirements under Hong Kong law, the HKSAR Government has requested the US Government to provide additional information so that the Department of Justice could consider whether the US Government’s request can meet the relevant legal conditions. As the HKSAR Government has yet to have sufficient information to process the request for provisional warrant of arrest, there is no legal basis to restrict Mr Snowden from leaving Hong Kong.

The HKSAR Government has already informed the US Government of Mr Snowden’s departure.

Meanwhile, the HKSAR Government has formally written to the US Government requesting clarification on earlier reports about the hacking of computer systems in Hong Kong by US government agencies. The HKSAR Government will continue to follow up on the matter so as to protect the legal rights of the people of Hong Kong.

And here’s a statement from Wikileaks:

Mr Edward Snowden, the American whistleblower who exposed evidence of a global surveillance regime conducted by US and UK intelligence agencies, has left Hong Kong legally. He is bound for a democratic nation via a safe route for the purposes of asylum, and is being escorted by diplomats and legal advisors from WikiLeaks.

Mr Snowden requested that WikiLeaks use its legal expertise and experience to secure his safety. Once Mr Snowden arrives at his final destination his request will be formally processed.

Former Spanish Judge Mr Baltasar Garzon, legal director of Wikileaks and lawyer for Julian Assange has made the following statement:

“The WikiLeaks legal team and I are interested in preserving Mr Snowden’s rights and protecting him as a person. What is being done to Mr Snowden and to Mr Julian Assange — for making or facilitating disclosures in the public interest — is an assault against the people”.

To the vast amusement of many commentators, the reported route out of Hong Kong leads to Russia, with other stopping points including Cuba and Venezuela. It’s like a free press/civil liberties tour of the planet!

Ecuador press law to mandate coverage of government propaganda items

Filed under: Americas, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 10:28

Ecuador has a new law on the books that may force the media to carry government propaganda or risk prosecution:

Under Ecuador’s new Communications Law, however, journalists may have to pay far more attention to ribbon-cutting ceremonies and other government PR events. Article 18 of the law forbids the “deliberate omission of … topics of public interest.” But this wording is so vague that nearly any action by local, state, or national government official could be considered of public interest.

“Newspapers don’t have enough journalists or space to cover all these events. Radio programs don’t have enough air time,” Paúl Mena, president of the Ecuadoran Journalists’ Forum, told CPJ. “If the government starts demanding coverage, there are going to be problems.”

More conflict between the media and the Correa government seems inevitable under the Communications Law, which was approved by the National Assembly on June 14 and will go into effect next month. Not only does the law create a state watchdog entity to regulate media content, but it is filled with ambiguous language demanding that journalists provide accurate and balanced information or face civil or criminal penalties. “This is completely crazy,” Monica Almeida, an editor at the Guayaquil daily El Universo, told CPJ. “The law is designed to regulate everything we do.”

[. . .]

The 44-page law contains 119 articles. In interviews with CPJ, Ecuadoran journalists were at a loss to pick out the worst provisions since they view nearly all of them as serious violations of press freedom.

For example, under the law reporters are now required to earn a journalism degree. Rather than serving as a neutral referee, the Superintendence of Information and Communication — the government’s new watchdog agency — could be used by Correa to simply bash the press. And reporters are especially incensed by Article 26 that prohibits “media lynching.” This is defined as “the dissemination of concerted and reiterative information … with the purpose of undermining the prestige” of a person or legal entity. Media outlets found violating this provision could be ordered to issue public apologies and would be subject to criminal and civil sanctions that are not specified in the legislation.

One magazine editor in Quito, who asked to remain anonymous, said the article seems designed to thwart investigations. That’s because such in-depth reporting often requires publishing a series of stories over several days or weeks that could be construed as harassment.

June 22, 2013

US charges against Snowden were filed on June 14th

Filed under: China, Government, Law, USA — Tags: , , , , — Nicholas @ 09:10

It apparently takes a week for the US government to publicize that it has laid charges

Federal prosecutors filed espionage charges against alleged National Security Agency leaker Edward Snowden, officials familiar with the process said. Authorities have also begun the process of getting Snowden back to the United States to stand trial.

The charges were filed June 14 under seal in federal court in Alexandria, Va. — and only disclosed Friday.

Snowden has been charged with three violations: theft of government property and two offenses under the espionage statutes, specifically giving national defense information to someone without a security clearance and revealing classified information about “communications intelligence.”

Each of the charges carries a maximum of 10 years in prison.

Snowden, who is a former employee of defense contractor Booz Allen Hamilton, leaked details about far-reaching Internet and phone surveillance programs to The Guardian and The Washington Post earlier this month. He revealed his identity while in Hong Kong, where it is believed he is still hiding.

It’s not clear whether the extradition will be straightforward:

Andy Tsang, Hong Kong’s police commissioner, said that if an extradition request was sent from a country that had a “mutual legal assistance agreement” with Hong Kong, its government would “handle it in accordance with current Hong Kong laws and systems.”

Simon Young, a professor at Hong Kong University’s faculty of law, suggested it was unclear whether Snowden would win or lose any attempt to fight extradition.

He said theft was listed in the U.S.-Hong Kong extradition treaty. “There is an offence listed in the treaty of unlawful handling of property, but this raises the question as to whether information is property and the answer is not clear,” he said in an email.

Interesting – and probably inevitable – legal wrinkle for the NSA

Filed under: Law, Liberty, Technology, USA — Tags: , , , — Nicholas @ 08:58

At Outside the Beltway, Doug Mataconis links to an interesting article:

It’s only been a few weeks since we learned to true scope of the National Security Agency’s data mining of the phone records of American citizens, but already lawyers in civil and criminal cases across the country are seeing the database as a potential discovery goldmine:

    The National Security Agency has spent years demanding that companies turn over their data. Now, the spy agency finds the shoe is on the other foot. A defendant in a Florida murder trial says telephone records collected by the NSA as part of its surveillance programs hold evidence that would help prove his innocence, and his lawyer has demanded that prosecutors produce those records. On Wednesday, the federal government filed a motion saying it would refuse, citing national security. But experts say the novel legal argument could encourage other lawyers to fight for access to the newly disclosed NSA surveillance database.

    “What’s good for the goose is good for the gander, I guess,” said George Washington University privacy law expert Dan Solove. “In a way, it’s kind of ironic.”

    Defendant Terrance Brown is accused of participating in the 2010 murder of a Brinks security truck driver. Brown maintains his innocence, and claims cellphone location records would show he wasn’t at the scene of the crime. Brown’s cellphone provider — MetroPCS — couldn’t produce those records during discovery because it had deleted the data already.

    On seeing the story in the Guardian indicating that Verizon had been ordered to turn over millions of calling records to the NSA last month, Brown’s lawyer had a novel idea: Make the NSA produce the records.

[. . .]

This particular criminal case is, of course, on where the Federal Government is a party to the case as a prosecutor. As such, the Judge must weight not simply the government’s argument that the information requested is classified and thus should not be disclosed, but also the question of whether the prosecution has a duty to turn over the evidence to the Defendant. As a general rule, the prosecution must turn over any evidence that is potentially exclupatory or which tend to call some aspect of the prosecution’s theory of the case into doubt. The rules for what must be turned over vary from state to state, and the Federal Courts have their own rules, but they all generally follow the principles set down by Brady v. Maryland, which established the general rule that Defendants are entitled to be provided with exculpatory evidence that prosecution may have against them.

Of more interest, though, is the likely hood that attorneys may try to gain access to this NSA metadata in cases where the Federal Government is not involved, such as state court criminal proceedings or even civil matters such as divorces

June 21, 2013

How many laws have you broken today?

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 10:09

Alex Tabarrok on the changes to US criminal law over the years: No One is Innocent.

I broke the law yesterday and again today and I will probably break the law tomorrow. Don’t mistake me, I have done nothing wrong. I don’t even know what laws I have broken. Nevertheless, I am reasonably confident that I have broken some laws, rules, or regulations recently because its hard for anyone to live today without breaking the law. Doubt me? Have you ever thrown out some junk mail that came to your house but was addressed to someone else? That’s a violation of federal law punishable by up to 5 years in prison.

Harvey Silverglate argues that a typical American commits three felonies a day. I think that number is too high but it is easy to violate the law without intent or knowledge. Most crimes used to be based on the common law and ancient understandings of wrong (murder, assault, theft and so on) but today there are thousands of federal criminal laws that bear no relation to common law or common understanding.

[. . .]

If someone tracked you for a year are you confident that they would find no evidence of a crime? Remember, under the common law, mens rea, criminal intent, was a standard requirement for criminal prosecution but today that is typically no longer the case especially under federal criminal law .

Faced with the evidence of an non-intentional crime, most prosecutors, of course, would use their discretion and not threaten imprisonment. Evidence and discretion, however, are precisely the point. Today, no one is innocent and thus our freedom is maintained only by the high cost of evidence and the prosecutor’s discretion.

June 20, 2013

The world map of modern slavery

Filed under: China, Law, Liberty, Russia — Tags: , , , , , — Nicholas @ 14:05

In The Atlantic, Olga Khazan talks about the countries that appear on this US State Department map of human trafficking:

World Map of Slavery, 2013

China, Russia, and Uzbekistan have been named among the worst offenders when it comes to human trafficking, according to a State Department report released Wednesday, joining Iran, North Korea, Cuba, Sudan, and Zimbabwe on the bottom “tier” of the U.S. human trafficking rank.

Their lower designation means the U.S. may sanction those countries with measures like cancelling non-humanitarian and military assistance, ending exchange visits for government officials, and voting against any IMF or World Bank loans.

China, Russia, and Uzbekistan had previously been on the “Tier 2 Watch List,” a middling designation for countries that show little progress in making strides in preventing forced labor. Because they had been on the “Watch List” for four years, the State Department was obligated to either promote or downgrade them.

In China, the one-child policy and a cultural preference for male children perpetuates the trafficking of brides and prostitutes.

“During the year, Chinese sex trafficking victims were reported on all of the inhabited continents,” the report found. “Traffickers recruited girls and young women, often from rural areas of China, using a combination of fraudulent job offers, imposition of large travel fees, and threats of physical or financial harm, to obtain and maintain their service in prostitution.”

However, the State Department also singled out the country’s epidemic of forced labor, in which both internal and external migrants are conscripted to work in coal mines or factories without pay, as well as its continued use of re-education hard labor camps for political dissidents.

However, it’s also worth keeping in mind that there are two common definitions of human trafficking in use, one of which is an outrage to common decency while the other is an attempt to conflate sex work with slavery:

1) The transport of unwilling people (usually women, but of course can at times be either men or children) into forced prostitution. This is of course illegal everywhere: it’s repeated rape just as a very start. It is also vile and we should indeed be doing everything possible to stamp it out.

2) The illegal movement of willing people across borders to enter the sex trade. Strange as it may seem there really are people who desire to be prostitutes. People would, other things being equal, similarly like to be in a country where they get a lot of money for their trade rather than very little. Given these two we wouldn’t be surprised if people from poorer countries, who wish to be in the sex trade, will move from those poorer countries to richer countries. And such is the system of immigration laws that many of them will be unable to do this legally: just as with so many who wish to enter other trades and professions in the rich world. You can make your own mind up about the morality of this but it is obviously entirely different from definition 1).

Supreme Court refuses to hear appeal of Rob Ford’s conflict-of-interest case

Filed under: Cancon, Law, Media, Politics — Tags: , , , , , — Nicholas @ 11:07

The Toronto Star must be feeling devastated by this:

The Supreme Court of Canada says it will not hear an appeal in a conflict-of-interest case against Toronto Mayor Rob Ford.

The court dismissed it with costs, but did not give reasons for the ruling.

Lawyer Clayton Ruby was trying to restore a lower court decision from November 2012, in which Superior Court Justice Charles Hackland ruled Ford be removed from office.

However, as part of Ford’s appeal, the decision was overturned by an Ontario Divisional Court panel in January 2013.

Deputy mayor Doug Holyday said this was all about antagonizing the mayor.

“There was no reason to take this to the Supreme Court; there was very little likelihood of it every getting put before the Supreme Court,” Holyday said.

Update: The CBC reports that Ford feels vindicated by the decision:

Toronto Mayor Rob Ford expressed relief Thursday that a conflict challenge that previously threatened to oust him from office won’t be revived in the country’s top court.

“I’m so happy this is finally over. I’ve been vindicated and we can move on,” Ford told reporters in Toronto, about two hours after the Supreme Court of Canada rejected an application to hear a final appeal in the much-publicized conflict case that began last year.

As is customary, the Supreme Court gave no reasons for dismissing the appeal, but legal experts — including the lawyer who filed the application himself — had acknowledged the odds of reviving the conflict of interest case were a long shot.

The court only accepted 12 per cent of appeal requests made last year.

Toronto resident Paul Magder filed an application in an Ontario court last year, alleging that Ford had violated conflict of interest legislation when he participated in a council vote that absolved his need to pay back funds donated to his private football foundation.

The UK debate over online porn

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

Willard Foxton says that the real problem is that the two “sides” of the argument are not even talking the same language:

Claire Perry, the Prime Minister’s “special adviser on preventing the sexualisation and commercialisation of childhood”, has three demands which she claims will save the world from the horrors of porn. First, that internet service providers and other internet companies block child pornography at its source; second, that any sort of simulated rape pornography is banned; and third, that pornography is banned from public WiFi.

On the face of it, these all seem like reasonable demands. I mean, if you oppose them, you must be some kind of filth peddler or mad porn obsessive, right? Or you might just be a person who understands how the internet works, and therein lies the problem. Let’s tackle Perry’s demands one by one and explain, patiently, why she is wrong.

Firstly, her request that internet service providers block images of child abuse “at their source”. It sounds perfectly reasonable, doesn’t it? Indeed, it’s so reasonable that they already do, and indeed have been doing since 2007. It’s done through a system called Cleanfeed, which is a rare example of a British state-funded IT project that works like a charm. They way it works is, any time a website is reported as illegal to the police, it’s added to a list. Any sites on that list are inaccessible from British ISPs. It’s a very secure system, and very hard to work around – it works so well that we’ve exported it to Canada and Australia.

Perry also wants Google to “do more” to block child porn. As I’ve said before on these pages, Google (and other large search providers), already have enormous departments devoted to blocking it, with thousands of employees checking YouTube for offensive images. On top of that, very little of the material that so offends Perry is available though a simple Google search; most of the illegal stuff is hidden in Internet Relay Chat file servers or on the dark web, accessible only via anonymising browsers like Tor.

Update: At Techdirt, Tim Cushing addresses the common claim by grandstanding politicians that child pornography is easy to “stumble upon”:

How hard would it be to access child porn if you weren’t looking for it specifically? The Ministry of Truth puts your odds at 1 in 2.6 million searches. (MoT points out the odds will fluctuate depending on search terms used, but for the most part, it’s not the sort of thing someone unwittingly stumbles upon.)

All those demanding Google do more to block child porn fail to realize there’s not much more it can do. The UK already has an underlying blocking system filtering out illegal images at the ISP level, and Google itself runs its own blocker as well.

The above calculations should put the child porn “epidemic” in perspective. As far as the web that Google actively “controls,” it’s doing about as much as it can to keep child porn and internet users separated. There are millions of pages Google can’t or doesn’t index and those actively looking for this material will still be able to find it. Google (and most other “internet companies”) can’t really do more than they’re already doing already. But every time a child pornography-related, high profile crime hits the courtroom (either in the UK or the US), the politicians instantly begin pointing fingers at ISPs and search engines, claiming they’re not doing “enough” to clean up the internet, something that explicitly isn’t in their job description. And yet, they do more in an attempt to satiate the ignorant hunger of opportunistic legislators.

If Google is “the face of the internet” as so many finger pointers claim, than the “internet” it “patrols” is well over 99% free of illegal images, according to a respected watchdog group. But accepting that fact means appearing unwilling to “do something,” an unacceptable option for most politicians.

Addressing India’s rape problem

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

In Reason, Shikha Dalmia looks at the reality of life in India for far too many women:

… the Indian government has been following the feminist script for nearly half a century with little effect. It would serve the cause of gender equity far better if it simply did its job and provided safe streets, timely justice, and other basic public goods for everyone. The absence of such amenities that are taken for granted in the West is arguably the strongest pillar of patriarchy in India.

India’s official rape statistics — which registered 1.8 rapes per 100,000 people in 2010, compared with the United States’ 27.3 — might suggest that India has no rape problem. But everyone knows that rape is vastly underreported in traditional cultures where women fear stigmatizing themselves and dishonoring their families, especially since the chances of justice are remote. Whatever the correct statistics, they can’t capture a crucial qualitative difference in the rape problem between India and in, say, America.

Setting aside incest and sexual assault by friends and relatives that unfortunately happens in all cultures, in America, a lot of rape is “date rape” that occurs when women exercise their social and sexual freedom. The police rarely have an opportunity to intervene in such situations and the only way of combating this problem is by addressing male attitudes. By contrast, in India far more rapes originate in public settings — parks, streets, and buses — as women go about their daily business. This is eminently preventable, which is why, unlike in America, every new episode triggers fresh protests in India.

The very lack of public safety that allows rape also strengthens patriarchy. For starters, it limits women’s employment options. It is too dangerous for them to take jobs that require evening shifts or long commutes. Some companies offer rides home to women who work late, but this makes women more expensive to hire. Single rural women rarely move to cities, where the bulk of job growth is occurring, as men can. All of this undermines women’s ability to maximize their earning potential and gain financial independence.

Above all, it forces women to rely on their patriarchal families for protection, opening them up to all kinds of restrictions. A woman who has to wait for her father or brother to pick her up from college or work — rather than taking a cab or a bus — can’t just meet whomever she wants, wherever she wants, whenever she wants. Everything she does becomes subject to time, place, and manner restrictions by her family and its moral code.

[. . .]

Feminism will never get rid of patriarchy without first getting rid of the need for it. Patriarchy’s staying power stems not just from backward belief systems but a gritty ground reality. The lack of basic law-and-order means that women have to rely on male physical strength for security making men socially more valuable and more dangerous. This makes men, as feminists point out, both protectors and rapists. Electing female politicians and demanding more gender equality won’t cut this Gordian knot—only good governance that promotes public safety for all will.

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