Quotulatiousness

June 18, 2012

The wins and losses in the C-11 copyright reform bill

Filed under: Books, Cancon, Law, Liberty, Media — Tags: , , , , — Nicholas @ 10:14

Michael Geist on the good and the bad aspects of bill C-11 which will probably pass third reading today in the House of Commons and be sent to the Senate for approval:

There is no sugar-coating the loss on digital locks. While other countries have been willing to stand up to U.S. pressure and adopt a more flexible approach, the government, led by Canadian Heritage Minister James Moore on the issue, was unwilling to compromise despite near-universal criticism of its approach. It appears that once Prime Minister Stephen Harper made the call for a DMCA-style approach in early May 2010, the digital lock issue was lost. The government heard that the bill will hurt IP enforcement, restrict access for the blind, disadvantage Canadian creators, and harm consumer rights. It received tens of thousands of comments from Canadians opposed to the approach and ran a full consultation in which digital locks were the leading concern. The NDP, Liberals, and Green Party proposed balanced amendments to the digital lock rules that were consistent with international requirements and would have maintained protection for companies that use them, but all were rejected. [. . .]

Since the Conservatives took power in 2006, there were effectively four bills: the Pre-Bill C-61 bill that was to have been introduced by Jim Prentice in December 2007 but was delayed following public pressure, Bill C-61 introduced in June 2008, and Bill C-32/C-11, which was introduced in June 2010 (and later reintroduced in September 2011). The contents of December 2007 bill was never released, but documents obtained under the Access to Information Act provide a good sense of what it contained (a call was even scheduled on the planned day of introduction between Prentice and U.S. Ambassador David Wilkins to assure the U.S. that digital locks were the key issue and would not be altered). This chart highlights many of the key issues and their progression over the years as the public became increasingly vocal on copyright:

Issue Pre-Bill
C-61 (2007) 		Bill C-61
(2008) 		Bill C-11
(2012)
Fair Dealing Expansion No No Yes (education, parody, satire)
Format Shifting No Limited (only photographs, book,
newspaper, periodical, or videocassette) 		Yes (technology neutral, no
limit on number of copies, includes network storage, and no reference
to contractual overrides)
Time Shifting No Limited (no network PVRs,
Internet communications) 		Yes (C-61 limitations removed)
Backup Copies No No Yes
User Generated Content Exception No No Yes
Statutory Damages Cap No Limited ($500 cap for
downloading) 		Yes (Max of $5000 for all
non-commercial infringement)
Enabler enforcement provision No No Yes
Internet Publicly Available
Materials Exception for Education 		Yes Yes Yes
Public Performance in Schools No No Yes
Technology Neutral Display
Exception in Schools 		No No Yes
Limited Distance Learning
Exception 		Yes Yes Yes
Limited Digital Inter-Library
Loans 		Yes Yes Yes
Notice-and-Notice Yes Yes Yes
Notice-and-Takedown No No No
Three Strikes//Website Blocking No No No
Internet Location Tool Provider
Safe Harbour 		Yes Yes Yes
Broadcaster Ephemeral Change No No Yes
Expanded Private Copying Levy No No No
Commissioned Photograph Change Yes Yes Yes
Alternate Format Reproduction No No Yes

[. . .]

Public engagement on copyright continuously grew in strength – from the Bulte battle in 2006 to the Facebook activism in 2007 to the immediate response to the 2008 bill to the 2009 copyright consultation to the 2010 response to Bill C-32. While many dismissed the role of digital activism on copyright, the reality is that it had a huge impact on the shape of Canadian copyright. The public voice influenced not only the contents of the bill, but the debate as well with digital locks the dominant topic of House of Commons debate and media coverage until the very end. Bill C-11 remains a “flawed but fixable” bill that the government refused to fix, but that it is a significantly better bill than seemed possible a few years ago owes much to the hundreds of thousands of Canadians that spoke out on copyright.

Legal pratfalls ensue

Filed under: Law, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 09:33

Scott H. Greenfield at the Simple Justice blog on how the legal equivalent of “two 12-year-olds rolling in the mud” morphed into a lawyer beclowning himself in an epic fashion:

But Matthew Inman, who does the Oatmeal, put the lawyer Charles Carreon’s letter demanding $20k on the web, with his own special touches, in a masterful response, one aspect of which was that rather than succumb to Carreon’s demand, he would raise some money for charity.

[. . .]

Three things to note: First, Carreon started suit in his own name, not that of his client, which suggest that this is for the wrong done him by the mean children of the internet. Second, he’s sued not only Inman, apparently for “incitement to cyber-vandalism,” but the Indiegogo, which handles charitable collections, as well as the two charities to whom Inman’s collection goes.

This is nuts. For a fellow who foolishly stepped in shit, he’s doubled quadrupled down. My guess is that he’s included the charities as stakeholders or beneficiaries of Inman’s actions, and wants the money collected to go to him rather than to fighting cancer or saving bears. He wants money collected to fight cancer to go to him instead. It’s unthinkable [that] anyone could do such a thing.

June 15, 2012

The Never Seconds flap reveals highly selective anti-authoritarian reactions

Filed under: Bureaucracy, Education, Food, Liberty, Media — Tags: , , , , — Nicholas @ 12:52

Brendan O’Neill is happy that the petty authoritarians at the Argyll and Bute council have rescinded their ban on young Martha Payne’s school lunch blog, but points out that the Twitstorm that helped publicize her plight is remarkably selective in which kinds of official bullying they will oppose:

But what a shame that these decent folks’ opposition to council heavy-handedness in relation to school lunches is so spectacularly partial. What a shame, for example, that they haven’t offered solidarity to those millions of children who have been banned from bringing sweets and crisps into schools, which, as I once reported for the BBC, has given rise to a black market in junk food in school playgrounds. What a shame they didn’t speak out when councils, behaving like a Tuckshop Taliban, stormed into schools and shut down tuckshops and vending machines that sold chocolate or Coke. What a shame they didn’t have anything to say when mothers in Yorkshire who passed chips through the schoolgates to their children were slated in the media and depicted as Viz-style “Fat Slags” in The Sun. What a shame they didn’t complain when it was revealed that some schools are taking it upon themselves to raid children’s lunchboxes — made for them by their parents! — in order to confiscate anything “unhealthy”.

What a shame, in other words, that only one kind of authoritarianism in relation to school dinners is criticised — namely that which censors people from revealing how crap such dinners are — while other forms of authoritarianism, which control both what children can eat and even what their parents can provide them with, are tolerated. Like stern headmasters, it seems concerned hacks will only give their nod of approval to nice, polite, healthy schoolchildren, while withholding it from the rabble, from kids who eat chips and cake with the blessing of their stupid parents. Those kids, it seems, can be censored and censured and controlled as much as is necessary.

June 14, 2012

The “victim” mindset among Quebec protestors

Filed under: Cancon, History, Liberty — Tags: , , , , — Nicholas @ 10:13

Dan Delmar on some of the long-standing grievances being channelled by Quebec’s most recent protestors:

“White Niggers of America:” That’s how author Pierre Vallières famously described the Québécois people in his 1968 book, which the former Quebec Liberation Front (FLQ) terrorist leader wrote from his prison cell.

Vallières argued that the struggles of French settlers in British North America were similar to those of pre-segregation era blacks in America, and the lingering effects of English repression were reason enough to issue a call to arms in the late 1960s. FLQ members then kidnapped and murdered Pierre Laporte, who was Quebec’s deputy premier, and sparked a national crisis that ended in martial law.

Vallières and the FLQ may be dead, but the notion that Quebecers are an oppressed people lives on.

[. . .]

Although the “N Word” hasn’t made a noticeable comeback just yet, it’s only a matter of time before fringe elements search for new and more shocking tactics to attract attention to their cause which, at least legislatively, has hit a dead end.

Upon seeing the salute images, many jumped to the conclusion that protesters were racists or that Neo-Nazism was on the rise in Montreal; neither is true. They aren’t racist – at least not intentionally. There is a genuine belief, as Vallière expressed, that Quebecers are in the midst of an epic battle to save democracy and break away from the shackles imposed on them by their Anglo overlords.

[. . .]

In many ways, he [Amir Khadir] embodies the Quebecois victim mentality. At a press conference last week, he compared his struggle with those of Martin Luther King Jr. and Gandhi. He turned to a CTV News reporter, a black woman, and said that “Law 78 is as unacceptable as segregation of blacks was in the 60s.” And he said that in all sincerity, with a straight face.

The culture of victimization runs deep. Some Quebec laws are based on the concept that Francophone culture is under attack, and restricting the use of other languages, as is the case with Bill 101, is an important weapon in the war against Americanization. And make no mistake: This is a war, ideologically speaking. Political elites, particularly within the separatist movement and the opposition Parti Québécois, believe the mere existence of the English language in this province is an assault on French.

The Commerce Clause: how it evolved to empower government control of everything

Filed under: History, Law, Liberty, USA — Tags: , , , — Nicholas @ 09:36

U.S. District Judge Roger Vinson ruled that because the Patient Protection and Affordable Care Act’s individual mandate to purchase health insurance is unconstitutional, the entire law “must be declared void.” Judge Vinson cites this Reason.tv video on page 47 of his decision.

June 12, 2012

Stop worrying about the approaching police state: it’s already here

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 13:18

I saw Twitter updates about this, but I assumed it was an Onion story that someone didn’t recognize as being from a parody news site. I was wrong:

The police state is not only here — it is being welcomed with open arms.

Exhibit A: In Aurora, Colorado, police searching for suspected bank robbers locked down an entire intersection, dragooned 40 random motorists out of their cars at gunpoint, handcuffed them and “asked” for permission to search their vehicles. [. . .]

Naturally, no one refused permission.

The action itself is startling: 40 people, guilty of nothing more than proximity, of being in the same general area where a suspected criminal might also be, are literally pulled from their vehicles, shackled and detained for more than two hours — even after it was obvious they were guilty of no crime at all.

Even more startling, however, than these over-the-top tactics is the fact that (apparently) every one of these 40 innocent people complied without a peep of protest. Not one said: “I’m sorry officer, but unless I’ve committed a crime I’d like to be free to go about my business.” Not one said, “I do not consent to any searches.”

None put up a fuss when the cuffs came out.

One woman interviewed by ABC News clucked happily: “Yeah, we all got cuffed (laugh) until they figured out who did what.” No doubt this woman will not object when a gang of armed men kicks in her door, invades her home and holds her family at gunpoint until they figure out who did what. After all, there are criminals about. They could be anywhere. Which means, anything is justified.

In the words of one ABC News blogger, “Sounds like the police did their job — and did it exceptionally well!” And another: “I think the police did a great job in an unusual circumstance and protected the people of the city from a dangerous criminal. Those people should praise the police, not sue them!”

It’s amazing that none of these people who were the victims of an insane amount of police overreaction seem to feel that the police did anything wrong. There must not be a civil liberty equivalent of the ambulance-chasing lawyer.

“It’s the slippery slope consciously deployed as a policy strategy”

Filed under: Food, Government, Health, Liberty, USA — Tags: , — Nicholas @ 08:50

Shikha Dalmia on Bloomberg’s nanny complex and the underlying cause of it:

New York City Mayor Michael Bloomberg’s proposed ban on big sodas in the Big Apple is generating accusations that he is a Nanny Statist. But that’s not quite accurate. A nanny forces others to do things for their own good. Bloomberg is a moral narcissist forcing New Yorkers to do things that make him feel good.

Under his soda ban, street vendors and restaurants would be barred from selling pop in anything over 16-ounce containers on the theory that limiting access to sugary drinks will help combat the city’s obesity and diabetes “epidemics.” No one — not even Bloomberg himself — believes that the ban will actually work, not least because unlimited free refills will remain legal, as will oversized helpings of apple juice and other “natural” beverages with arguably even more sugar. But workability isn’t the point right now. It’s to get the public used to the idea of the government slurping around in your Slurpee, and then to ratchet up. It’s the slippery slope consciously deployed as a policy strategy.

Nor is this Bloomberg’s first foray into minding your own business. He has also cracked down on smoking, salt and trans fats. He has mandated that fast-food joints post calorie counts. He also tried (unsuccessfully) to bar food stamp recipients from buying sodas — one-upping fellow Republicans who want to urine-test welfare recipients to make sure they don’t use their government aid for drugs.

Petty paternalism, “nudging”, and the urge to human perfection

Filed under: Food, Government, Health, Liberty, USA — Tags: , — Nicholas @ 08:15

The Economist looks at the dietary meddling of New York City mayor Michael Bloomberg and other forms of “we know what’s better for you” paternalism:

In defence of Michael Bloomberg’s controversial proposal to ban large servings of sugary drinks, Timothy Noah of the New Republic cuts to the chase and plumps for paternalism:

    The truth is that there’s nothing inherently wrong with paternalistic government or, in the harsher, feminized shorthand of its detractors, the “nanny state.” Parents and nannies can be good or bad. No adult likes to be told how to live his life, but most of us benefit from baby authoritarianism far more than we’d like to admit.

Mr Noah’s argument seems to be that there’s nothing wrong with paternalistic measures as long as they actually benefit us. Philosophers sometimes call the form of paternalism Mr Noah has in mind, concerned with bodily health and mental well-being, “welfare paternalism”. Of course, ideas about the human good routinely incorporate moral and theological suppositions, which can take paternalism well beyond concern for physical health and psychological welfare. For example, Torquemada, the infamous Spanish inquisitor, acted paternalistically in torturing individuals to confess their sins insofar as he did so intending to save them from damnation to eternal hellfire, which he believed to be infinitely worse than the pain of the rack. For Torquemada, the true nature of the interests of individuals had been revealed by religious texts and religious authorities, which he no doubt took to be at least as reliable as we take the Journal of the American Medical Association to be. I wonder if Mr Noah would agree that Torquemada did nothing inherently wrong by torturing heretics on the rack in order to elicit confessions and save their eternal souls from infinite suffering. As a matter of fact, the inquisitor’s conception of welfare is false, and so he caused a monstrous quantity of pointless suffering. But what if his facts about our moral and spiritual welfare had been right and that he succeeded in saving many souls? No problem?

June 11, 2012

Why should we celebrate the War of 1812?

Filed under: Britain, Cancon, History, Liberty, Military, USA — Tags: , , , , — Nicholas @ 11:34

Wayne K. Spear has an answer in the National Post:

An honest and candid assessment of the period 1812-1814 will show that the war was started on false grounds, by American jingoists and super-patriots, as Simpson asserts. However, once started, the people of Upper and Lower Canada had good reason to fight. Also, while the war was lost by the inept and over-confident Americans as much as it was won by the British and the Canadians — and the Canadiens — the character and accomplishments of — for example — Major General Isaac Brock were what they were. The 1814 Treaty of Ghent confirmed the pre-war, and indeed post-Revolution, territories and borders of British North America and the United States, and while the Harper government will tell you that peace followed as a result and ever since, the fact may well be that the Americans would have accomplished at a later date what they could not accomplish in 1812-1814, had they not had vast western and southern frontiers to divert their apparent boundless attention and energy.

In other words, the legacy of the war was neither territorial nor geopolitical, but rather psychological. After 1814 the occupants of territories north of the 49th parallel were possessed of what is today termed “Canadian identity,” which may be summarized in the phrase “not American”. Although there has been peace between Canada and the United States ever since 1814, suspicion and a vague condescension toward the Americans was henceforth a permanent feature of the Canadian psyche. An early example of the Canadian apprehension of Uncle Sam — and of the Canadian habit of arriving at self-understanding by looking south — can be found in Thomas Haliburton’s acerbic 1836 novel The Clockmaker. In this work the satire cuts both ways, reflecting a deeper and uncomfortable awareness that Canada must either side with Britain or else be absorbed by America.

In the preceding paragraph I have stated that “after 1814 the occupants of territories north of the 49th parallel were possessed of what is today termed Canadian identity.” There is of course a large and important exception, the indigenous peoples of this land. One of the principal immediate causes of the war was the growing conflict between a brutal and expansionist settler population and its indigenous resistance, among whose most famous leaders in 1812 was Tecumseh. In the three decades leading up to 1812, the Haudenosaunee (like Tecumseh’s people, and indeed all indigenous groups) had been dispossessed of their land base at an alarming rate. The 1812 war offered an opportunity to extract concessions from Britain and Canada through military alliance, a strategy which had served the League in the past and might do so again. It was a military alliance with Britain, during the American Revolution, which yielded to the Six Nations the Haldimand Tract, in Ontario. Ninety-five percent of this land would eventually revert to Canada through a series of transfers, some of which are held by the Six Nations to have involved deception and outright theft. (The current-day Caledonia dispute is a direct legacy of this period.) Not a promising record, but in 1812 military alliances still counted for something, and then as now there were things for which it was worth fighting.

June 9, 2012

QotD: Counteracting those irritating “nudgers”

Filed under: Economics, Education, Liberty, Media, Quotations — Tags: , , — Nicholas @ 00:09

In the wake of Mayor Bloomberg’s proposes big soda ban, I have some suggestions for paternalistic nudges for economists who advocate such paternalism. One idea is when they go to a restaurant, by default they should be seated at the table that places them in the most proximity to people near the median income level. Or when they turn on their TVs, have them by default turn to awful TV shows popular with the median household, like America’s Got Talent, Dancing with the Stars, or some poorly written show about cops. Of course they will need a nudge so that when they rent an apartment or house it comes by default with a TV and cable. Perhaps if we want to escalate from nudge to shove, we could have them signed up to teach one class a semester at a local community college or technical school, so they get exposure to students much closer to the median ability and future income level than they’ll find at the top departments they normally teach at. They can opt out of this, of course, but have them enrolled to teach as a default upon completing their doctorates.

You see, paternalists clearly have a problem with reasoning from their own preferences, and so giving them exposure to the median consumer might help them learn valuable lessons. Paternalist economists, it seems, simply cannot imagine how a “nudge” or a “shove” like buying only 16 ounce sodas or smaller would be any kind of inconvenience to someone. What they don’t understand is that as Ivy League economists with IQs north of 140 their preferences tend to be very far from the median consumer’s, so it should be no surprise that they can’t imagine it being an inconvenience. After all, they also probably can’t imagine wanting to drink a lot of soda in the first place. In the same way, the median consumer probably could not imagine letting their kid not eat birthday cake. So from the start they should be aware that their imaginations and preferences aren’t useful guides

Adam Ozimek, “Nudges for Paternalist Economists”, Forbes, 2012-06-05

The future of dining

Filed under: Food, Health, Humour, Liberty, Politics, USA — Tags: , — Nicholas @ 00:09

What’s the restaurant of choice for Michael Bloomberg and Michelle Obama? Watch what happens when Brian tries to order lunch at Nou Nou D’Enfer!

H/T to Nick Gillespie.

June 7, 2012

“What’s next? Prosecutions before military tribunals in the U.S.?”

Filed under: Government, Liberty, Military, USA — Tags: , , , , — Nicholas @ 10:57

Judge Andrew Napolitano on the lack of outrage over the use of military drones within the borders of the United States (and, in all probability, Canada):

When drones take pictures of us on our private property and in our homes, and the government uses the photos as it wishes, what will we do about it? Jefferson understood that when the government assaults our privacy and dignity, it is the moral equivalent of violence against us. The folks who hear about this, who either laugh or groan, cannot find it humorous or boring that their every move will be monitored and photographed by the government.

Don’t believe me that this is coming? The photos that the drones will take may be retained and used or even distributed to others in the government so long as the “recipient is reasonably perceived to have a specific, lawful governmental function” in requiring them. And for the first time since the Civil War, the federal government will deploy military personnel inside the United States and publicly acknowledge that it is deploying them “to collect information about U.S. persons.”

It gets worse. If the military personnel see something of interest from a drone, they may apply to a military judge or “military commander” for permission to conduct a physical search of the private property that intrigues them. And, any “incidentally acquired information” can be retained or turned over to local law enforcement. What’s next? Prosecutions before military tribunals in the U.S.?

The quoted phrases above are extracted from a now-public 30-page memorandum issued by President Obama’s Secretary of the Air Force on April 23, 2012. The purpose of the memorandum is stated as “balancing…obtaining intelligence information…and protecting individual rights guaranteed by the U.S. Constitution…” Note the primacy of intelligence gathering over freedom protection, and note the peculiar use of the word “balancing.”

June 1, 2012

Bloomberg’s latest “nudge” experiment

Filed under: Food, Government, Health, Liberty, USA — Tags: , , , — Nicholas @ 08:28

In his Maclean’s column, Colby Cosh explains the problem with New York City mayor Michael Bloomberg’s attempt to solve the obesity problem 32 ounces at a time:

Stopping people from exercising preferences is harm. You say Internet Commentator X doesn’t think having a Big Gulp is an important freedom? Does he not see Commentators Y through Upsilon standing right behind him, making the same case against marijuana and hijabs and labour unions and skiing?

This innate prejudice against social engineering for its own sake, which ought to be strong in liberals but is utterly absent in Bloomberg, is paired with an empirical prejudice against social engineering because of the near-inevitable consequences — chief among them being that the institutions created to enforce a for-your-own-good law wander very quickly from anyone’s good but that of the enforcers. I stacked the deck a little by mentioning the Eighteenth Amendment, because it shouldn’t form part of the justification for anything: it took literally six years [for] the U.S.A. to go from “Let’s roust these poor addicted creatures out of the saloon” to “Let’s deliberately poison thousands of Americans to death, that the majesty of the law may be respected”. But the Eighteenth Amendment is worth mentioning, because modern-day prohibitionists never feel the need to accept its lessons or even acknowledge its existence.

When Bloomberg and his deputy mayor for health are ridiculed and their volumetric crusade is ignored, whom do you suppose will end up crucified by bureaucrats in defence of their “nudge’? The logic requires it. If soft drinks really are prematurely killing thousands, and a ban on large containers is the magic answer, how far will be too far when it comes to encouraging compliance? When it comes to “nudges”, we have to recognize a distinction between what is being enforced and the means of enforcement; the mildness and restraint of the former does not guarantee that of the latter.

He also links to this wonderful piece at Hit and Run by Jacob Sullum saying “The mayor’s own pretext for the program had logical holes that Reason‘s Jacob Sullum quickly drove five tanker trucks of frappuccino through.”

QotD: Debunking the notion that today’s students face “unprecedented” challenges

Filed under: Economics, Education, History, Liberty, Quotations — Tags: , , — Nicholas @ 00:08

Far from being penalized, this generation may be the most privileged ever. Every generation lives through challenges. Our grandparents or great-grandparents lived in a society of gross social inequality and endured a world war that consumed 35 million lives. Their children came of age in the Great Depression, followed by six years of war in which another 60 million died. Their own children, the Baby Boomers, were without question a pampered generation, yet even they lived through long stretches of high unemployment and deep economic uncertainty. The oil shock of the 1970s ushered in a decade of stagflation — high inflation accompanied by stagnant growth and high unemployment — that made decent jobs no easier to nail down than they are today. The 20 years since the end of the 1980s has been a cycle of boom and bust that has seen millions of people lose homes, careers and life savings they spent decades building, often watching them vanish overnight through circumstances far beyond their control.

The notion that there was a time when anyone could coast through high school and land a nice secure career with minimal effort is sheer fantasy. Yes, a university degree carried more weight, because there were fewer of them, but that same scarcity limited the advantage to a relatively small group. The majority scratched out positions in competition with one another just as they do today. There was never, in my recollection, a bull market in sociologists, psych specialists or arts majors. A BA didn’t help you sell anything, build anything or invent anything. Entrepreneurs and self-starters never needed a university degree, and they don’t now.

[. . .]

If the 1960s and 1970s was a golden age of easy work and high pay, I missed it. If people skipped from school directly into secure jobs, happy families and a home of their own, it’s news to me. The challenges faced by youth are daunting, but no more daunting than they ever were. If Montreal’s graduates have been deprived of anything, it would appear to be lessons in history. Because they seem to have no clue how much tougher they’d have had it in almost any earlier generation they would care to choose.

Kelly McParland, “Quebec students are big on delusion, short on history”, National Post, 2012-05-31

May 31, 2012

Penn Jillette: Obama’s War on Weed

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 08:45

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