Quotulatiousness

September 13, 2012

Falkvinge: Child porn laws are insane

Filed under: Law, Media, USA — Tags: , , , , , , — Nicholas @ 08:13

People are generally sensible, but even sensible people can demand bad laws get passed by their governments. Child porn laws in the United States are an example of not merely bad laws, but insane laws. Rick Falkvinge follows up an earlier article:

A common protest to my article was that prosecution of people who record evidence of child abuse, or of teenagers doing things voluntarily, “would absolutely never happen”. The arguments went along these lines:

    It would be absolutely insane for the law to say this, and since the law can’t possibly be that insane, you must be wrong. Therefore, you’re an evil person for writing this opinion.

The problem is that I agree with these people: it would be absolutely insane for the law to say the examples I gave, and that the law says exactly that, so the law is indeed that insane. I understand the disbelief, so I’ll be returning to that shortly and list how it has already happened. But first, let’s take a look at what happens when you document evidence of a couple of types of very serious crimes:

  • If you film a police abuse situation to get evidence and show it to the world so the power abusers can get caught, you’re a hero to the level that your film can cause riots.
  • If you document a genocide in enough detail that your evidence can bring perpetrators to justice, you’re a worldwide hero.
  • If you film wartime killings, people will risk their lives — and sometimes die — to bring your evidence and documentation to news studios.
  • If you risk being beaten up by covertly filming a street battery and assault, you’re welcomed with open arms by the police when you hand over the evidence you produced. (I personally did this, for the record.)
  • If you film something as serious as a presidential assassination, people will watch the film over and over and over again and your name will go down in history for centuries.
  • If you film a rapist of a minor to get evidence in order to bring the sick, twisted bastard to justice, you’re the bad guy and will get a worse sentence than the rapist you attempt to bring to justice and jail.

[. . .]

As I described in my last post, these laws were constructed by Christian-fundamentalist pressure groups with the intent of criminalizing normal teenage behavior, and the side effect of protecting child molesters from prosecution, under the pretext of protecting children. I find that completely unacceptable. Outrageous, actually.

September 11, 2012

Manufacturers may follow the music industry pattern

Filed under: Business, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 00:03

An interesting article in The Economist:

As an expert on intellectual property, Mr Weinberg has produced a white paper that documents the likely course of 3D-printing’s development — and how the technology could be affected by patent and copyright law. He is far from sanguine about its prospects. His main fear is that the fledgling technology could have its wings clipped by traditional manufacturers, who will doubtless view it as a threat to their livelihoods, and do all in their powers to nobble it. Because of a 3D printer’s ability to make perfect replicas, they will probably try to brand it a piracy machine.

[. . .]

As with any disruptive technology — from the printing press to the photocopier and the personal computer — 3D printing is going to upset existing manufacturers, who are bound to see it as a threat to their traditional way of doing business. And as 3D printing proliferates, the incumbents will almost certainly demand protection from upstarts with low cost of entry to their markets.

Manufacturers are likely to behave much like the record industry did when its own business model — based on selling pricey CD albums that few music fans wanted instead of cheap single tracks they craved — came under attack from file-swapping technology and MP3 software. The manufacturers’ most likely recourse will be to embrace copyright, rather than patent, law, because many of their patents will have expired. Patents apply for only 20 years while copyright continues for 70 years after the creator’s death.

[. . .]

In that, the record industry was remarkably successful. Today, websites and ISPs have to block or remove infringing material whenever they receive a DMCA takedown notice from a copyright holder — something that happens more often than actually justified. Google reckons that more than a third of the DMCA notices it has received over the years have turned out to be bogus copyright claims. Over a half were from companies trying to restrict competing businesses rather than law-breakers.

Rallying under the banner of piracy and theft, established manufacturers could likewise seek to get the doctrine of “contributory infringement” included in some expanded object-copyright law as a way of crippling the personal-manufacturing movement before it eats their lunch. Being free to sue websites that host 3D design files as “havens of piracy” would save them the time and money of having to prosecute thousands of individuals with a 3D printer churning out copies at home.

September 10, 2012

Extending the state’s say in private decision-making

Filed under: Britain, Law, Liberty — Tags: , , , , , — Nicholas @ 09:55

Barbara Hewson on recent legal developments in Britain which extend the state’s ability to interfere in the private lives of adults:

For centuries, the High Court has claimed an ‘inherent jurisdiction’ to take care of the persons and property of those who could not look after themselves. This power covers minors and wards of court, as well as adults who lack mental capacity. It originates in an ancient Crown Prerogative, going back to feudal times (1). But in a little-noticed legal development, some judges of the Family Division have started to claim an ‘inherent jurisdiction’ over the lives of adults in full possession of their faculties.

This is a disturbing trend. These rulings are given at private hearings. Parliament, the public, and indeed the Ministry of Justice, are none the wiser. The problem, at base, is a constitutional one. Our judges are unelected, and are not supposed to make laws. That is parliament’s function.

Parliament has said that people become adults at age 18 (2). Most people think that the point of reaching adulthood is that you get to decide where you live, and who your friends are. If you make unwise decisions, that is unfortunate, but it is not a basis for the authorities to intervene. However, last March, in a case called ‘DL’, the Court of Appeal said that the High Court is entitled to disregard adult decision-making (3).

[. . .]

Judges of the Family Division of the High Court have been seduced by what Frank Furedi has called ‘the fatalistic sociology of the precautionary principle’. This views all human beings as innately powerless, vulnerable and at risk (7). And if to be at risk is a condition of life, then everyone becomes a legitimate target of judicial intervention and protection. This refusal by the courts to acknowledge adults as self-determining agents has ominous implications for liberty and the law.

September 8, 2012

Fifty shades of legal action

Filed under: Books, Humour, Law, Media — Tags: , , , — Nicholas @ 11:45

This is just too amusing not to share:

September 7, 2012

Jesse Kline: Consumers the biggest losers in Apple-Samsung battle

Filed under: Business, Law, Technology — Tags: , , , , — Nicholas @ 00:07

In the National Post, Jesse Kline points out that the grubby legal dispute between Apple and Samsung may end up hurting the consumer much more than either of the combatants:

Software is unique because it is covered under both copyright and patent law. Computer software is written in a human-readable language, called source code, that is then translated by the computer into something the machine can understand. Much like writing a book, or newspaper article, source code is automatically covered under copyright law.

But no one is alleging that Samsung copied Apple’s code. What Samsung was sued for was achieving the same outcome as Apple, even though it was done in a different way. In this literary world, this would be akin to someone being sued for violating the copyright on Harry Potter, just because they wrote their own story about a boy wizard.

Intellectual property laws are supposed to encourage innovation by allowing companies and individuals to profit off works that may have cost a significant amount of money to develop. Apple says it was undercut in price because its competitor simply copied its design. In actual fact, Android was cheaper to produce because it is based on the open source Linux operating system, which saved money compared to Apple proprietary system.

For its part, Samsung accuses Apple of resorting “to litigation over market competition in an effort to limit consumer choice.” It’s one thing for the legal system to protect new inventions and original works, but this is quite clearly a case of a company engaging in anti-competitive behaviour.

September 1, 2012

Digital “inheritance”: law has not caught up to our online lives

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

As I mentioned in a post the other day, our laws are still designed for a world where most things have a physical presence, and the problems we see in intellectual property and patent law are just the start of the turmoil our legal system will have to face:

What will happen to your Facebook account after you are gone?

Dealing with digital assets after someone dies is becoming a challenge for families and the legal system alike.

Lawmakers are trying to clarify rules governing the passage of social-media and email accounts, along with other online assets that might have financial value. Several states have enacted laws to deal with post-death access to digital assets, and several more are working on similar legislation, says Gene Hennig, a lawyer at Gray Plant Mooty in Minneapolis and a commissioner of the Uniform Law Commission.

That group, which recommends uniform state laws, plans to come up with a recommended statute that more states could adopt.

“Eventually people are going to start putting in their wills what they want, and we need to know what’s allowed,” Mr. Hennig says. “In the olden days, grandma had a chest in the attic full of photo albums. Now, your chest of photos is in your computer.”

Update, 3 September: Bruce Willis wants his kids to inherit the music library he’s built up, but the iTunes licensing won’t let him do that.

August 30, 2012

21st century problems: who inherits your digital property?

Filed under: Books, Law, Media, Technology — Tags: , , , , — Nicholas @ 08:37

Unless medical science has a solution up their collective sleeves, we’re all going to die (eventually). It may be an individual shock, but humans have been dying forever — it’s the unwelcome end of the trip. As a result, we’ve evolved ways to redistribute the property of deceased members of our families and communities. When the issues were as simple as who got Uncle Grog’s club and who got his loincloth, we came up with solutions.

Fast forward to our becoming-ever-more-digital age, and not all of our property is tangible: we’re becoming “owners” of digital property that may be as valuable as our physical possessions. What happens to our music libraries, e-book collections, social media accounts, and all the other non-physical things we’ve bought and used during our lives?

Someone who owned 10,000 hardcover books and the same number of vinyl records could bequeath them to descendants, but legal experts say passing on iTunes and Kindle libraries would be much more complicated.

And one’s heirs stand to lose huge sums of money. “I find it hard to imagine a situation where a family would be OK with losing a collection of 10,000 books and songs,” says Evan Carroll, co-author of “Your Digital Afterlife.” “Legally dividing one account among several heirs would also be extremely difficult.”

Part of the problem is that with digital content, one doesn’t have the same rights as with print books and CDs. Customers own a license to use the digital files — but they don’t actually own them.

[. . .]

Most digital content exists in a legal black hole. “The law is light years away from catching up with the types of assets we have in the 21st Century,” says Wheatley-Liss. In recent years, Connecticut, Rhode Island, Indiana, Oklahoma and Idaho passed laws to allow executors and relatives access to email and social networking accounts of those who’ve died, but the regulations don’t cover digital files purchased.

Apple and Amazon did not respond to requests for comment.

Piracy’s latest hotspot

Filed under: Africa, Law — Tags: , , , , — Nicholas @ 08:23

We’re all aware of the piracy problems along the east coast of Africa, but the west coast is also experiencing a resurgence of pirates:

Piracy has been making a comeback in the last decade. This was initially because Somalia, a state without a government, provided small ports on the coast of East Africa where pirates could bring the merchant ships they had captured, and keep them there, safe from rescue attempts, until a ransom could be negotiated. Now, off West Africa, pirates have come up with another angle. These pirates, believed to be only one well-organized gang at the moment, target small oil tankers operating in the Gulf of Guinea (where Nigeria and its neighbors have oil fields). The pirates quickly board and seize control of a tanker at night. The crew is locked up in an internal space and the tracking devices are disabled. Then the tanker is taken to rendezvous with another tanker, which takes the oil from the hijacked tanker, along with the pirates and their other loot and makes for a port where oil brokers willing to buy stolen oil (at a steep discount) take the pirated cargo, pay the pirates and perhaps tip the pirates off on another small tanker that could be hit.

The hijacked tanker was stripped of portable items of value and then set adrift, where it would soon be found and the crew released. Normally, pirates attack merchant ships anchored near the coast grab all the valuable portables and take off. This is considered armed robbery, although some pirates will kidnap a few of the ships officers and hold them for ransom. But this requires a good hideout and more resources. The pirates who steal oil cargoes require even more technical organization and connections. But because the payoff is so high (millions of dollars for a stolen oil tanker cargo), a growing number of skilled gangsters are being attracted to the business.

All this is something of a piracy revival. Piracy hit a trough from the late nineteenth century into the later twentieth. That was because the Great Powers had pretty much divided up the whole planet, and then policed it. Piracy began to revive in a modest way beginning in the 1970s, with the collapse of many post-colonial regimes.

August 29, 2012

Brendan O’Neill on the rape debate

Filed under: Britain, Law, Politics — Tags: , , — Nicholas @ 09:09

Always willing to take a contrarian stand, Brendan O’Neill refutes the very common meme:

In the words of Salma Yaqoob of Galloway’s Respect party, “rape occurs when a woman has not consented to sex”. Or in the widely reported phrasing of a spokesperson for Rape Crisis, “Sex without consent is rape”.

This sounds correct. It seems simple yet right to assert that if a woman has not consented to sex, then rape has occurred.

But it is wrong. More than that, the idea that all “non-consensual sex is rape”, as Galloway himself has now said in his clarification of his defence of Assange, represents a dangerous rewriting of what rape really means.

Feminists always focus on the state of mind of the woman or women involved in an alleged rape and disregard the state of mind of the man.

This is a terrible error, because in order for rape to have occurred, it is not enough to prove that the woman did not consent; we must also surely prove that the man knows she did not consent, or was utterly reckless as to the question of her consent, and carried on regardless.

That is, rape must involve an intention on the part of the man to commit rape. The man must have a guilty mind — or what is referred to in law as mens rea — in the sense that he knows he is committing rape. In leaving out this key component of rape, feminists are not only undermining the meaning and gravity of this crime — they are also displaying a cavalier disregard for some of the key democratic principles of the modern legal system.

August 22, 2012

Reason.tv: Can legal cannabis revolutionize the US economy?

Filed under: Economics, Law, Liberty, USA — Tags: , , , , — Nicholas @ 00:09

“How can you have 56 percent of Americans in support of fully ending the drug war, and zero senators in support of it?” asks Doug Fine, investigative journalist and author of new book, Too High To Fail.

Fine sat down with ReasonTV’s Tracy Oppenheimer to discuss his time spent in the cannabis capital of California, Mendocino County, and why he thinks this drug can help save the American economy. And it’s not just about collecting taxes.

“The industrial [uses] may one day dwarf the psychoactive ones. If we start using it for fermentation for our energy needs, it can produce great biofuels,” says Fine, “already, cannabis is in the bumpers of Dodge Vipers.”

August 20, 2012

Punks as snobs

Filed under: Europe, Law, Media, Religion, Russia — Tags: , , , — Nicholas @ 09:06

Always willing to explore the contrarian position, Brendan O’Neill explains why Pussy Riot’s legal issues have gotten so much attention in the west:

Pussy Riot’s closing statements in their trial for blasphemy confirmed that they have not only inherited the original punk movement’s thrashing guitars and in-yer-face sensibility; they have also effusively embraced its art-school snobbishness.

Punk, in its original incarnation, was always as much a screech of rage against the “sheeple” as it was a two-fingered salute to the powers-that-be. Think Johnny Rotten wailing “They made you a moron!” in the Sex Pistols’ “God Save the Queen”. “Don’t be told what you want / Don’t be told what you need”, sang Rotten, expressing the core belief of punk — that the vast bulk of the masses, effectively everyone except the punks, had been moulded into a moron by the man.

The same snobbish thinking animates Pussy Riot today. In her closing statement, Nadezhda Tolokonnikova bemoaned the “enforced civic passivity of the bulk of the population” in Russia. She said the Russian regime “easily manipulates public opinion” — which sounds like an attack on the regime but it is also a sly salvo against the Russian masses, who must have minds like putty if they can be so easily manipulated. In contrast to this civil slavishness, Pussy Riot are all about “authentic genuineness and simplicity”, said Tolokonnikova.

[. . .]

Now we can see why Pussy Riot are so popular among many liberal opinion-formers here in the West — it is because both share a view of the little people as less culturally sophisticated and more easily forced into conformism than the commenting, bohemian, punkish sets. But of course, making snobbish statements and singing rubbish songs should not be a crime. Pussy Riot should be freed from prison immediately and allowed to continue expressing their loathing of Putin’s regime and their disgust with the Russian masses.

August 19, 2012

ESR on the limits of “lawfare” for Apple

Filed under: Business, Law, Technology — Tags: , , , , , , — Nicholas @ 15:56

To put it mildly, ESR isn’t a fan of Apple’s lawfare approach to competition:

It’s beginning to look like Apple’s legal offensive against Android might backfire on it big-time. Comes the news that Judge Koh has declined to suppress evidence that Apple may have copied crucial elements of the iPad design from prototypes developed by Knight-Ridder and the University of Missouri in the mid-1990s.

Those of us aware enough of computing history to be aware of early work by XEROX PARC and others have always been aware that Apple’s claims of originality were highly dubious. Apple’s history is one of adroit marketing and a facility for stealing adapting ideas from others, wrapping them in admittedly excellent industrial design, and then pretending that all of it originated de novo from the Cupertino campus.

The pretense has always galled a little, especially when Apple’s marketing created a myth that, footling technical details aside, the whole package somehow sprang like Athena from Steve Jobs’s forehead. But it didn’t become intolerable until Apple began using lawfare to suppress its competition.

The trouble with this is that there’s actually a lot of prior art out there. I myself saw and handled a Sharp tablet anticipating important iPhone/iPad design tropes two years before the uPhone launch, back in 2005; the Danger hiptop (aka T-Mobile Sidekick) anticipated the iPhone’s leveraging of what we’d now call “cloud services” in 2002-2003; and of course there’s the the Sony design study from 2006, described by one of Apple’s own designers as an important influence.

If only Apple were honest about what it owed others…but that cannot be, because the company’s strategy has come to depend on using junk patents in attempts to lock competitors out of its markets.

August 17, 2012

Even Guardianistas are puzzled by Assange’s Ecuador gambit

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

There are few newspapers who have been as supportive of Julian Assange in his legal plight than the Guardian. When even Guardian columns find it difficult to figure out why he turned to Ecuador, we’ve moved into a different universe:

Julian Assange’s circus has pulled off another breathtaking stunt: he has won political asylum in Ecuador. Assange’s flight from Sweden, a decent democracy with a largely excellent justice system, takes ever more absurd forms. After the decision of Ecuador’s foreign minister, Ricardo Patiño, the Swedish Twitterverse filled with mocking jokes.

Assange has few fans left here. On the contrary, his unholy alliance with Ecuador’s political leadership casts a shadow over what was, despite everything, his real achievement: to reveal shattering news through the revolutionary medium of WikiLeaks.

Patiño praised Assange as a fighter for free expression, and explained that they had to protect his human rights. But Ecuador is a country with a dreadful record when it comes to freedom of expression and of the press. Inconvenient journalists are put on trial. Private media companies may not operate freely.

President Rafael Correa is patently unable to tolerate any truths that he does not own. Reporters Without Borders has strongly and often criticised the way that media freedoms are limited in Ecuador. Assange is a plaything for the president’s megalomania.

The police war on photographers and videographers: the Canadian front

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 08:44

Karen Selick in the National Post confirming that Canadian police are also under the impression that their work cannot legally be photographed:

What have cops got against cameras these days? Increasingly, people are getting arrested, charged or even assaulted by police officers, merely for attempting to take photos or videos of officers at work. Often, police simply command people to stop photographing. Scared into thinking they must be breaking some law, citizens comply.

When Polish visitor Robert Dziekanski died after being tasered at the Vancouver airport in 2007, police seized the now famous video made by witness Paul Pritchard, who had to hire a lawyer and threaten court proceedings to get it back.

[. . .]

There is no law in Canada that prohibits people from openly photographing police. Section 129 of the Criminal Code prohibits “wilfully obstructing” police in the execution of their duty, but it is hard to imagine how standing by peacefully and videotaping as police searched the premises and piled up items for seizure could be considered obstructing. After all, the police themselves were videotaping on Ms. Jones’ premises — but selectively. They probably didn’t capture themselves ordering her friend to refrain from taking the pictures she was legally entitled to take.

That same day, three other search warrants were executed at the homes of other individuals the CFIA suspects of conspiring with Ms. Jones to save her healthy sheep. At Michael Schmidt’s residence, all cell phones were immediately confiscated. When a visitor from outside arrived with his cell phone, Schmidt’s wife borrowed it and took photos of police inside her home. Officers seized the phone even though it was clearly outside the scope of the warrant. They returned it three hours later, with the photos erased. When the victim of this apparently illegal seizure objected, police responded, “We can do whatever we want.” But of course, that arrogant response was not permitted to be recorded.

[. . .]

Police must be made to understand that being on duty or executing a search warrant does not transform an officer into a petty dictator with carte blanche to issue arbitrary orders to everyone in sight. Police cannot do “whatever they want.” Citizens have the right to hold them accountable for their actions. Personal cameras are important tools in implementing that right. Bullying people out of using them must cease.

August 13, 2012

PQ promises to “strengthen” language laws in Quebec

Filed under: Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 14:31

It’s mind-blowing that a minority in Canada are legally oppressed by their provincial government, but in Quebec, it’s just language business as usual. The opposition Parti Quebecois, who brought in the language law in question, are promising to make it even more oppressive to non-French-speaking Quebecers:

It’s an easy political move for Marois. It will appeal to her separatist base and thoroughly annoy the anglophones … which will also appeal to the base. And given that the stated intention of her party is to go pick fights with Ottawa and drive a wedge between Quebec and the Rest of Canada, it’s a good plan. Language politics are always hot-button issues in Quebec, and Marois is pushing those buttons gleefully.

But it is interesting to note her position on the issue. Marois holds that the Liberals, under Premier Jean Charest, have not done enough to promote the French language in Quebec. From the perspective of the PQ, that’s almost certainly true. But Bill 101 is a creation of the Parti Quebecois. The provincial Liberals have certainly left it intact and haven’t dared to try and strengthen it, but fundamentally, Bill 101 is a PQ law. If it isn’t working, that’s not Premier Charest’s fault.

The bigger issue, of course, is that such a law already exists. Uninformed citizens in the Rest of Canada would be rightly horrified to learn that such a bizarre, anti-democratic law exists in their country at all. Bill 101′s intrusions into the private interactions of businesses and the decisions of individual families are justified as being necessary by Quebec nationalists to preserve the primacy of French in Quebec, but to anyone who is not a language warrior, seem more like a cross between a French tutor and a Orwellian nightmare.

Of course, tougher laws will still not accomplish the intended task: forcing everyone in Quebec to speak French at all times.

« Newer Posts — Older Posts »

Powered by WordPress