Quotulatiousness

July 24, 2012

The racist history of gun control

Filed under: History, Law, Liberty, USA — Tags: , , , , — Nicholas @ 07:55

Brendan O’Neill wonders how gun control — traditionally a racist and xenophobic attempt to disarm blacks and foreigners — became a left-wing policy:

One of the great mysteries of modern politics is how gun control came to be seen as a natural Left-wing cause. Following the horrific shootings in Aurora, Denver, the usual lineup of Left-liberal activists and commentators have pleaded, for the ten thousandth time, for America to get rid of its stupid constitutional guarantee of the right to bear arms and to clamp down on gun ownership. This is the default setting of virtually every observer who considers himself of the Left, particularly those outside of America, who love nothing more than to look down their long noses at the Wild West-style, gun-wielding, blood-spattered mess they believe modern America to be.

Which is all a bit weird, because for years — for two centuries, in fact — gun control was a largely Right-wing, reactionary campaign issue, not a Left-wing one. The fact that it has now been adopted by Leftists is very revealing indeed.

[. . .]

In the modern period, too, there was a hugely reactionary bent to gun-control campaigns. In the early 20th century new laws, such as the 1911 Sullivan Law in New York City, were passed to prevent the huge influx of immigrants from southern and eastern Europe from getting their hands on guns. As Gary Kleck puts it in his book Point Blank: Guns and Violence in America, gun control was anything but a liberal cause: “In the 19th and early 20th century, gun-control laws were often targeted at blacks in the south and the foreign-born in the north.”

The Gun Control Act of 1968 was ostensibly passed in response to assassinations of Robert F Kennedy and Martin Luther King, but its real targets were inner-city black communities where there had been violent riots for three summers running and where some black activists were beginning to arm themselves. In the 1990s, Bill Clinton, recognising that his liberal supporters were converting en masse to the cause of gun control, started to talk about the “evil” of assault rifles. Who tended to own assault rifles? “Drug dealers, street gang members and other violent criminals”, the Clinton adminstration said — long-recognised polite political codewords for blacks and Latinos.

Update: Dan Baum on the reduction in gun crime across the US by nearly half over the last two decades.

Among the many ways America differs from other countries when it comes to guns is that when a mass shooting happens in the United States, it’s a gun story. How an obviously sick man could buy a gun; how terrible it is that guns are abundant; how we must ban particular types of guns that are especially dangerous. The Brady Campaign to Prevent Gun Violence responded to the news with a gun-control petition. Andrew Rosenthal of the New York Times has weighed in with an online column saying that “Politicians are far too cowardly to address gun violence . . . which keeps us from taking practical measures to avoid senseless shootings.”

Compare that to the coverage and conversation after Anders Behring Breivik murdered sixty-nine people on the island of Utøya in Norway, a year ago next Sunday. Nobody focused on the gun. I had a hard time learning from the news reports what type of gun he used. Nobody asked, “How did he get a gun?” That seemed strange, because it’s much harder to get a gun in Europe than it is here. But everybody, even the American media, seemed to understand that the heart of the Utøya massacre story was a tragically deranged man, not the rifle he fired. Instead of wringing their hands over the gun Breivik used, Norwegians saw the tragedy as the opening to a conversation about the rise of right-wing extremism in their country.

Rosenthal is wrong, by the way, that politicians haven’t addressed gun violence. They have done so brilliantly, in a million different ways, which helps explain why the rate of violent crime is about half what it was twenty years ago. They simply haven’t used gun control to do it. Gun laws are far looser than they were twenty years ago, even while crime is plunging — a galling juxtaposition for those who place their faith in tougher gun laws. The drop in violence is one of our few unalloyed public-policy success stories, though perhaps not for those who bemoan an “epidemic of gun violence” that doesn’t exist anymore in order to make a political point.

QotD: The totalitarian tendency

Filed under: Law, Liberty, Politics, Quotations — Tags: , , — Nicholas @ 00:09

[…] This illustrates very well the totalitarian tendency which is implicit in the anarchist or pacificist vision of Society. In a Society in which there is no law, and in theory no compulsion, the only arbiter of behaviour is public opinion. But public opinion, because of the tremendous urge to conformity in gregarious animals, is less tolerant than any system of law. When human beings are governed by “thou shalt not”, the individual can practise a certain amount of eccentricity: when they are supposedly governed by “love” or “reason”, he is under continuous pressure to make him behave and think in exactly the same way as everyone else.

George Orwell, “Politics vs. Literature: An Examination of Gulliver’s Travels“, Polemic, September-October 1946.

July 19, 2012

“The USOC Can Do Whatever It Wants Because Olympics Act Of 1978”

Filed under: Law, Sports, USA — Tags: , , — Nicholas @ 14:10

At Techdirt, another example of the true modern Olympic spirit:

Ah, the Olympics. The spirit of cooperation. Of athletic competition. Of the essence of global feel-good-ness, where all the Olympic committees of the world come together to put on a spectacle made of the most brilliant athletes in the world.

Oh, and they also like to stifle links to critical pieces (do we have your attention, boys?), by banning their fans from sharing their experiences via social media, and threatening ICANN for refusing to block Olympic-related terms. And, now, Steve M shares a story from the Philadelphia Daily News about how the United States Olympic Committee has won a 30 year battle they didn’t know they were fighting with a gyro shop.

    “Three decades after it burst from the starting block, the Greek eatery Olympic Gyro has received a cease-and-desist email from the USOC, the nonprofit corporation responsible for training and funding U.S. teams. The June 7 notice demanded deletion of the word “Olympic” from the food shop’s title, claiming copyright of the word under a 1978 law.”

This legislative insanity, which I assume is entitled “The USOC Can Do Whatever It Wants Because Olympics Act Of 1978”, basically grants the USOC sole usership of the word “Olympic” in the United States, amongst other travesties.

Multiculturalism and suttee in the Raj

Filed under: Britain, History, India, Law, Religion — Tags: , , , — Nicholas @ 10:30

ESR on a famous incident in British India in the 1840s:

The first lesson is for the various sorts who call themselves “multiculturalists” and “moral relativists”. Napier showed us that these ostensibly liberating doctrines actually translate into “might makes right” — that, in the absence of a common normative ethical framework, disputes about “custom” will be won by the tribe with the most ability and will to use force.

The second lesson is for people who, having noticed than relativism and multiculturism are a road to ruination and blood, then argue that we must fall back on religion as the only possible source of truly universal ethical norms (If God is dead, is anything permissible?). Notice that the would-be widow-burners are priests? The “custom” they are arguing for is exactly their bid in the game of if-you-accept-my-religious-premises.

Napier, in promising those priests a hanging, says nothing of any religious counter-conviction of his own. And it would make no difference to the lesson if he had — except, perhaps, to underline the point that religion is just another form of tribal particularism and thus fundamentally unable to lift us away from the bloody muck of might-makes-right.

July 17, 2012

FATCA “may end up killing more U.S. jobs than all the call centers in India combined”

Filed under: Economics, Government, Law, USA — Tags: , , , , — Nicholas @ 09:52

Matt Welch on the worst bit of legislation for US workers so far:

That’s a line from this commendable Wall Street Journal column by William McGurn about the oft-lamented-around-these-parts Foreign Account Tax Compliant Act of 2010, or FATCA (rimshot). While President Barack Obama keeps hitting presumptive Republican presidential nominee Mitt Romney over offshoring and jobs, one of Obama’s most economically deleterious laws continues inflicting damage largely off the journalistic radar screen.

“Within the United States,” McGurn writes, “almost no American has heard of it. Save for the occasional article, it’s gone largely uncovered. And just like ObamaCare, the nastiest, job-killing aspects will not hit until after this November’s election.”

McGurn points out that FATCA was the revenue-generating side of the Hiring Incentives to Restore Employment Act of 2010 (HIRE! God, I hate these people….) — “a jobs bill dominated by tax breaks designed to get businesses to hire unemployed Americans.” So once again, government is “paying” for the economically dubious and morally spurious act of granting targeted tax breaks to favored corporations by screwing over the middle class.

July 11, 2012

Mexicans not willing to suffer increasing death toll to support American war on drugs

Filed under: Americas, Government, Law, USA — Tags: , , , , — Nicholas @ 11:03

Jacob Sullum on the recent election result as a sign of repudiation for American drug policy:

Early last year, when the death toll from Mexican President Felipe Calderon’s crackdown on the cartels stood at 35,000 or so, Michele Leonhart, head of the U.S. Drug Enforcement Administration, told reporters in Cancun “the unfortunate level of violence is a sign of success in the fight against drugs.” The results of last week’s presidential election, in which the candidate of Calderon’s National Action Party (PAN) finished a distant third, suggest Mexican voters are no longer buying that counterintuitive argument, if they ever did.

Even if “the fight against drugs” were winnable, it would be an outrageous imposition. Why should Mexicans tolerate murder and mayhem on an appalling scale (more than 50,000 deaths since Calderon launched his assault in December 2006), not to mention the rampant corruption associated with prohibition, all in the name of stopping Americans from obtaining psychoactive substances that their government has arbitrarily decreed they should not consume? That sort of arrogant expectation is becoming increasingly untenable.

Mexico’s incoming president, Enrique Pena Nieto of the Institutional Revolutionary Party (PRI), has promised continued cooperation with U.S. drug warriors. But during the campaign, he and the other two leading candidates all said controlling violence, as opposed to seizing drugs or arresting traffickers, would be their top law enforcement priority. Pena Nieto has reiterated that commitment since the election, saying his success should be measured by the homicide rate.

July 9, 2012

Adrian Peterson on his arrest, sort of

Filed under: Football, Law, Liberty, Quotations, USA — Tags: , , , , , — Nicholas @ 08:06

The first word directly from Adrian Peterson after his arrest in Houston this weekend:

H/T to Christopher Gates at the Daily Norseman.

July 8, 2012

Apparently in Texas you can be arrested merely for “resisting arrest”

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

In what must be the worst kind of news for Minnesota Vikings fans, star running back Adrian Peterson was arrested early Saturday morning for … resisting arrest. ProFootballTalk has the report:

A source with knowledge of the situation tells PFT that the incident culminating in Peterson’s arrest was captured by one or more surveillance cameras. Multiple persons also witnessed the event.

According to the source, Peterson, his girlfriend, and some family members were at a nightclub in Houston. At closing time, a group of police officers entered the club, and they began instructing the remaining patrons to leave.

Peterson wanted to get some water before he left, but an officer told Peterson that he needed to leave. Some words apparently were exchanged, but Peterson eventually walked to the exit with one of the club’s bouncers.

It’s believed that one of the officers then jumped on Peterson’s back from behind and tried to take him down. (Key word: “tried.”) Other officers then joined the fray and completed the arrest.

Peterson was charged with resisting arrest, which implies he was being arrested for something else. He is charged for now with no other crime.

I was under the vague impression that to be charged with “resisting arrest” you’d have to already be wanted by the police for doing something that warranted arrest. Based on the initial reports, it doesn’t sound like Peterson did anything before he was arrested to justify arresting him … unless it’s a case of a police officer deciding that he’d been disrespected. We’ll have to wait until more of the information becomes available.

Update: Contrasting with the initial report, Dan Zinski of The Viking Age says Peterson was “heavily intoxicated” at the time:

More on Adrian’s incident, and this isn’t flattering. The general manager of the club where Adrian Peterson was arrested after allegedly pushing an off-duty cop has told website TMZ that the running back was “heavily intoxicated” at the time of the incident. A police report says Peterson became belligerent after he and his companions were told the leave the bar, and ended up being subdued by three officers.

Live at Bayou Place general manager Daniel Maher says Peterson tried to order one last drink after being told to leave, and after being denied, tried to intimidate the bartender into giving him the drink anyway. It was at this point that Maher himself intervened, but Peterson refused to listen to him. The off-duty cop then broke in and was shoved by Peterson, leading to the Viking being hauled in for a misdemeanor A count of resisting arrest.

Update the second: At Viking Update, John Holler provides a bit of background (which may or may not be relevant to this particular case, but is interesting anyway):

The interesting aspect of the Peterson incident is that the only charge he was hit with was resisting arrest. He wasn’t charged with assaulting an officer. Had he actually shoved a policeman to the point that he “stumbled,” it would seem logical that charges of assaulting of an officer would also have been leveled. Therein lies the need to hear both sides of the story.

I come from a different perspective than most on this type of subject. I have been involved with “bouncer dust-ups” on the wrong side. Yet, three of my best friends are or were cops. I could accurately be accused of being “cop-friendly.” Of the numbers saved in my phone, a half-dozen of them are cops. When they’re “moonlighting,” it’s a night off for them. The odds of them getting shot as the result of a meth-addled domestic abuse call are out of the question. In those situations, they are truly “in charge.” And they like it that way.

When a bouncer (cop or otherwise) is working “his turf,” he can be aggressive. Very aggressive. As tenuous as life is in the NFL, the reality is that “hired muscle” at a nightclub can’t lose if he gets in a dust-up with a drunken patron. Whether an off-duty policeman, a local college football player or just a big guy who casts an imposing shadow, “security” at a big-time nightclub is expected to quell all problems — exceptions not allowed.

In order to do so, off-duty cops (trust me when I tell you that they’re never truly off-duty) aren’t going to take any guff from anyone. They have the experience. They have the sobriety advantage.

If the Peterson matter actually goes to court — the smart money would say that only a hard-core prosecutor would push the case — it will be destroyed by competent legal representation on Peterson’s behalf.

July 7, 2012

Tim Worstall: the software patent system is FUBAR’ed

Filed under: Business, Law, Technology — Tags: , , , , , , — Nicholas @ 11:05

In Forbes, Tim Worstall explains the odd situation of Amazon trying to obtain patents to use defensively when (not if) they get sued for entering the smartphone market:

… Amazon isn’t searching out patents which would allow it to build phones to, say, the GSM or CDMA standards. For those patents, by virtue of being included in those standards, must be made available to all comers on reasonable and non-discriminatory terms (RAND, or Europeans add “Fair” to the beginning to give FRAND). So any patent that is actually necessary to make a phone that interacts with the network is already available to them on exactly the same terms that Samsung, Apple, Nokia or anyone else pays for them.

No, what Amazon is looking for is just some bundle of patents, somewhere, that have something to do with mobile telephony. So that when (and sadly, it really is when, not if) they get sued by someone or other for breaching a patent then they’ve got some great big bundle of documents that they can wave back at them. Such patents can range from the possibly valid (slide to unlock perhaps) through to two that really irk me: Apple claiming a patent on a wedge shaped notebook and, unbelievably to me, on the layout of icons on the Galaxy Tablet in Europe.

I take this to be evidence that the technology patent system has simply got out of hand: that the system is entirely Fubar in fact. We need to recall what a patent is supposed to do: it is not that intellectual property is some God given right. Rather, we realise that given that ideas and technologies are public goods it is very difficult to make money out of having invented them. Thus we artificially create intellectual property in the form of patents and trademarks. But we are always walking a narrow line between encouraging invention by awarding such rights and discouraging derivative inventions by awarding rights that are too strong.

July 6, 2012

This might be damage that even the Internet can’t route around

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , — Nicholas @ 12:50

Tim Worstall on the worst-case interpretation of a recent legal decision in the US courts:

… we now have a ruling that websites are a place of public accommodation under the Americans with Disabilities Act. If this ruling holds then this really will break the internet and web as we have come to know it.

The case is discussed here.

    The case involves a Cyberlaw perennial: are websites obligated to comply with the Americans with Disabilities Act (the ADA)? In this case, the desired accommodation is close-captioning for Netflix-streamed video. If websites must comply with the ADA, all hell will break loose. Could YouTube be obligated to close-caption videos on the site? (This case seems to leave that door open.) Could every website using Flash have to redesign their sites for browsers that read the screen? I’m not creative enough to think of all the implications, but I can assure you that ADA plaintiffs’ lawyers will have a long checklist of items worth suing over. Big companies may be able to afford the compliance and litigation costs, but the entry costs for new market participants could easily reach prohibitive levels.

[. . .]

The place of publication is where the reader is, where the browser through which the site is being viewed. Thus would mean that any foreign website which an American might want to read (say, my personal blog) would become subject to the rules and restrictions of the ADA. And believe me, the 6.7 billion people who are not Americans are not going to put up with that. We might all ignore the law, or we might try and ban access from the US (or more alarmingly, ISPs might be told to do so). Or possibly be subject to the tender ministrations of an ambulance chasing lawyer.

Maybe Obama has scaled back the War on Drugs

Filed under: Government, Law, Military, USA — Tags: , , , , , — Nicholas @ 07:45

At least, that’s the highly charitable conclusion reached by some supportive media folks. Jacob Sullum explains how they came up with this revelation:

One-upping GQ‘s Marc Ambinder, who recently predicted that Barack Obama “will pivot to the drug war” in his second term if he is re-elected, The Daily Beast‘s James Higdon claims the president already has scaled back the crusade to stop Americans from altering their consciousness in politically disfavored ways. Higdon’s evidence: less money in the administration’s fiscal year 2013 budget for marijuana-spotting helicopters. Seriously:

    Until now, the DEA and state law enforcement could count on the National Guard to fly hundreds of helicopter hours over national forests and other public land, where growers became active following the passage of property-seizure laws in the Reagan years—but the FY13 budget changes that.

    The 50-percent cut is not being apportioned evenly across the states — it’s a two-thirds cut in Oregon and a 70-percent cut in Kentucky, while the Southern border states are receiving less severe reductions in funding. It’s essentially a diversion of Defense Department assets away from the interior American marijuana fields to where the national-security risk is greatest: along our Southern border.

Higdon sees this budgetary rejiggering, which by his own admission will have no impact on the amount of marijuana supplied to or consumed by Americans, as a landmark on “the road map to pot decriminalization.”

I guess you need to pretend there’s a pony somewhere when you’re digging through that much horse shit.

QotD: Criticism is not bullying

Filed under: Law, Liberty, Quotations — Tags: , , , — Nicholas @ 00:04

Portraying criticism — even wrong-headed or unfair criticism — as “bullying” and “totalitarian” — is a whine that is not worthy of our respect. It encourages ignorance about the fundamental nature of free speech and the marketplace of ideas. There is no generalized right to be free of offense. But there’s also no right to be free of the words “that’s offensive.” Please. Even if you don’t respect the people you disagree with, have some self-respect.

Ken White, “All This Talk of Harassment Is Harassing Me!”, Popehat, 2012-07-05

July 5, 2012

Cisco “updates” consumer routers to allow tracking of internet usage, automatic bricking for terms & conditions violations

If you have a modern Cisco or LinkSys router on your home network, you may have just given up a significant amount in the last “update” the company distributed. ESR has the details:

For those of you who have missed the news, last a few days Cisco pushed a firmware update to several of its most popular routers that bricked the device unless you signed up for Cisco’s “cloud” service. To sign up, you had to agree to the following restrictions:

    When you use the Service, we may keep track of certain information related to your use of the Service, including but not limited to the status and health of your network and networked products; which apps relating to the Service you are using; which features you are using within the Service infrastructure; network traffic (e.g., megabytes per hour); internet history; how frequently you encounter errors on the Service system and other related information (“Other Information”).

So in order to continue using the hardware you bought and paid for and own, you have to agree to let Cisco snoop your browser history and monitor your traffic — a clickstream they would of course instantly turn around and sell to advertising agencies and other snoops. Those terms are so loose (“including but not limited to”) that they could legally read your email and sell that data too.

Disgusted enough yet? Wait, it gets better. The cloud terms of service also includes this gem:

    You agree not to use or permit the use of the Service: (i) to invade another’s privacy; (ii) for obscene, pornographic, or offensive purposes; (iii) to infringe another’s rights, including but not limited to any intellectual property rights; (iv) to upload, email or otherwise transmit or make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail or any other form of solicitation; (v) to transmit or otherwise make available any code or virus, or perform any activity, that could harm or interfere with any device, software, network or service (including this Service); or (vi) to violate, or encourage any conduct that would violate any applicable law or regulation or give rise to civil or criminal liability.

Translated out of lawyerese, this gives Cisco the right to brick your router if you use it to view anything Cisco considers pornography, or do anything that it might consider IP theft — like, say, bit-torrenting a movie. Or even if you send anything it considers unsolicited advertising — which doesn’t have to mean bulk spam, see “any other form of solicitation”?

The sum of these paragraphs is: “We control your digital life. We can spy on you, we can filter your traffic, we can cut off your net access unilaterally if you do anything we don’t like, and you have no recourse.”

The idea of replacing your router with one that can load and run an open source rather than proprietary system just became a lot more enticing (such things do already exist, although not for all routers).

July 4, 2012

ACTA rejected decisively by European Parliament

Filed under: Europe, Law, Media — Tags: , , , , — Nicholas @ 09:37

Apparently even the insulated, protected European Parliament can be moved if enough people are actively against something — in this case it was the Anti-Counterfeiting Trade Agreement (ACTA). Michael Geist explains:

When ACTA was formally signed by most participants in October 2011 in Tokyo, few would have anticipated that less than a year later, the treaty would face massive public protests and abandonment by leading countries. But with tens of thousands taking to the streets in Europe earlier this year, ACTA became the poster child for secretive, one-sided IP agreements that do not reflect the views and hopes of the broader public. This morning, the European Parliament voted overwhelmingly against the agreement, effectively killing ACTA within the EU. The vote was 478 against, 39 in favour, with 165 abstentions. This is a remarkable development that was virtually unthinkable even a year ago. Much credit goes to the thousands of Europeans who spoke out against ACTA and to the Members of the European Parliament who withstood enormous political pressure to vote against the deal.

The European developments have had a ripple effect, with the recent Australian parliamentary committee recommendation to delay ACTA ratification and the mounting opposition around the world. ACTA is not yet dead — it may still eke out the necessary six ratifications in a year or two for it to take effect — but it is badly damaged and will seemingly never achieve the goals of its supporters as a model for other countries to adopt and to emerge as a new global standard for IP enforcement. That said, ACTA supporters will not take today’s decision as the final verdict. In the coming weeks and months, we can expect new efforts to revive the agreement within Europe and to find alternative means to implement its provisions. That suggests the fight will continue, but for today, it is worth celebrating how the seemingly impossible — stopping a one-sided, secretly negotiated global IP agreement — became possible.

This has been referred to as the biggest parliamentary defeat ever for a European Commission initiative. In theory, the ACTA treaty cannot be enacted into EU law without being approved by the European Parliament (although, as we’ve seen before, the EU is adept at getting around minor inconveniences like referenda and recalcitrant national governments).

July 1, 2012

Reason.tv: 3 Big Takeaways From Obamacare Decision

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

Here are the three most important things you need to know in the wake of the Supeme Court’s decision on The Affordable Care Act, a.k.a. Obamacare:

1. Government is still unlimited.
2. Mitt Romney is still lame.
3. Health care costs will still soar.

For more details, go to http://reason.com/blog/2012/06/29/3-essential-takeaways-from-the-obamacare

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