Quotulatiousness

May 16, 2012

Toronto Police “violated civil rights, detained people illegally and used excessive force”

Filed under: Cancon, Liberty, Media — Tags: , , , , — Nicholas @ 15:45

Toronto was not a good place to be on a certain weekend in 2010, as the police made many mistakes in trying to control crowds around the G20 gathering. After being too easygoing on Saturday, they flipped completely on Sunday and were on a rampage against protestors, bystanders, and anyone who didn’t obey mindlessly and without hesitation. It’s taken nearly two full years, but we finally have formal acknowledgement from the police watchdog that things were out of control. Colin Perkel writes in the Globe and Mail:

Police violated civil rights, detained people illegally and used excessive force during the G20 summit two years ago, a new report concludes.

The report by Ontario’s independent police watchdog also blasts the temporary detention centre that Toronto police set up for its poor planning, design and operation that saw people detained illegally.

The Office of the Independent Police Review Director found police breached several constitutional rights during the tumultuous event, in which more than 1,100 people were arrested, most to be released without charge.

“Some police officers ignored basic rights citizens have under the Charter and overstepped their authority when they stopped and searched people arbitrarily and without legal justification,” the report states.

[. . .]

“Numerous police officers used excessive force when arresting individuals and seemed to send a message that violence would be met with violence,” the report states.

“The reaction created a cycle of escalating responses from both sides.”

The report takes aim at police tactics at the provincial legislature, which had been set up in advance as a protest zone. It says the force used for crowd control and in making arrests was “in some cases excessive.”

“It is fair to say the level of force used in controlling the crowds and making arrests at Queen’s Park was higher than anything the general public had witnessed before in Toronto.”

I had lots of criticisms of the whole G20-in-Toronto farce, starting even before the event itself. We had the on-again, off-again stupidity of “secret laws“. Then, after the protests actually got underway, the police were refusing to release information about arrests to the media. Followed shortly by the smell of burning police cars. At that point, the police appeared to take a more serious (but still measured) approach, then they stopped pretending to be obeying the law they were supposed to uphold. Even well away from the scene of the protests, police officers were demanding the submission to authority from anyone who happened to be in their way.

And then we started to get a better view of what had actually happened. Having failed in their primary quest to keep the peace, some (many) then took out their frustrations on the citizenry. The courts also failed to exercise their traditional role and threw in with the rogue police actions. And of course we can’t forget “Officer Bubbles“.

The real reason for Ron Paul’s surprising announcement

Filed under: Liberty, Politics, USA — Tags: , , , , — Nicholas @ 09:52

Edward Morrissey thinks the reason Ron Paul won’t be contesting any more primaries is that he’s already achieved his real aim:

On Monday, the Republican nomination fight finally got reduced to a single candidate. This might surprise people who believed that the departure of Newt Gingrich and Rick Santorum had already made Mitt Romney the official nominee. But until Monday, Rep. Ron Paul (R-Texas) had continued to raise funds and campaign in upcoming primary states.

That changed with a statement from the candidate himself — or at least it changed somewhat. Unlike Santorum and Gingrich, who suspended their campaigns entirely, Paul has instead decided not to contest any more states. Paul explained that his efforts in the rest of the nomination process would focus on consolidating his delegate gains in states that had already held their contests. “Our campaign will continue to work in the state convention process,” Paul explained in his message. “We will continue to take leadership positions, win delegates, and carry a strong message to the Republican National Convention that Liberty is the way of the future.”

[. . .]

So what is the real endgame? Some wonder whether Paul wants to stage a demonstration at the Republican convention, which he adamantly denied last week. Rumors have also circulated that Paul would flex his muscle to get the rules changed and unbind all delegates at the convention, but he doesn’t have that kind of muscle, and it wouldn’t result in a Paul nomination even if he did. Paul’s delegates will have an impact on the party platform, which most believe is the object of Paul’s strategy, but party platforms don’t really have that much practical impact. Few people read them, and even fewer candidates feel bound to them.

Most people miss the fact that Paul has already achieved his end game, or is within a few weeks of its conclusion. The aim for Paul isn’t the convention, which is a mainly meaningless but entertaining exercise in American politics. The real goal was to seize control of party apparatuses in states that rely on caucuses. With that in hand, Paul’s organization can direct party funds and operations to recruit and support candidates that follow Paul’s platform, and in that way exert some influence on the national Republican Party as well, potentially for years to come. Paul hasn’t won every battle in that fight, but Minnesota will probably end up being more the rule than the exception.

Scotland’s latest moral panic, soon to spread to England

Filed under: Britain, Government, Health, Liberty — Tags: , , , , — Nicholas @ 09:00

A spectre is haunting Scotland: the spectre of cheap booze and binge drinkers. The most recent regulatory answer, raising the minimum price of alcohol, won’t solve the problem.

Scotland announced minimum pricing for alcohol this week, at 50p a unit; the price of the cheapest spirits will now rise by almost 50%. It will arrive in England soon, although possibly at the more timid rate of 40p per unit. It will only make a tiny difference, says the government, as it contemplates raising prices for a commodity almost all citizens enjoy (86% of the adult population drink alcohol), and at a time when prices are rising everywhere.

So why bother doing it? The government says it will save lives, even as it announces the speed limit on some motorways will be raised to 80mph, which will cost lives. I am not sure if the deaths created on the roads will be offset by the lives saved from gin, but it seems that more deaths on the roads are acceptable, but more deaths from alcohol are not. Do I smell snobbery? David Cameron says that alcohol “generates mayhem on our streets and spreads fear in our communities” — so I suppose I do.

Minimum pricing is a result of a national moral panic about alcohol, which follows on the trail of moral panics about tobacco and obesity, which are created by the tabloids and their beloved pictures of girls vomiting into gutters with their skirts hitched round their waists; there is a whole crocodile of moral panics, squeezing its way into Downing Street as more important issues are ignored.

[. . .]

Drinking is something that terrifies some but delights many. Drinkers can be ghastly, but so can politicians, and so can sober politicians. Minimum pricing comes from an ancient place – the desire for a neat society – and it expresses Cameron’s desire to appear to be doing something, while he does nothing elsewhere. Where one stands on minimum pricing depends entirely on whether you believe it is a person’s unalienable right to get shit-faced drunk at the market price, no matter what your income. When so many rights are threatened, who would dispute it?

May 15, 2012

The Singularity, ruined by lawyers

Filed under: Humour, Law, Liberty, Media — Tags: , , , , — Nicholas @ 00:26

Credit to Tom Scott. H/T to Michael O’Connor Clarke.

Nerd politics: problems and opportunities

Filed under: Government, Liberty, Politics, Technology — Tags: , , , , , , — Nicholas @ 00:08

Cory Doctorow in the Guardian on the current state of “nerd politics:

In the aftermath of the Sopa fight, as top Eurocrats are declaring the imminent demise of Acta, as the Trans-Pacific Partnership begins to founder, as the German Pirate party takes seats in a third German regional election, it’s worth taking stock of “nerd politics” and see where we’ve been and where we’re headed.

Since the earliest days of the information wars, people who care about freedom and technology have struggled with two ideological traps: nerd determinism and nerd fatalism. Both are dangerously attractive to people who love technology.

In “nerd determinism,” technologists dismiss dangerous and stupid political, legal and regulatory proposals on the grounds that they are technologically infeasible. Geeks who care about privacy dismiss broad wiretapping laws, easy lawful interception standards, and other networked surveillance on the grounds that they themselves can evade this surveillance. For example, US and EU police agencies demand that network carriers include backdoors for criminal investigations, and geeks snort derisively and say that none of that will work on smart people who use good cryptography in their email and web sessions.

But, while it’s true that geeks can get around this sort of thing — and other bad network policies, such as network-level censorship, or vendor locks on our tablets, phones, consoles, and computers — this isn’t enough to protect us, let alone the world. It doesn’t matter how good your email provider is, or how secure your messages are, if 95% of the people you correspond with use a free webmail service with a lawful interception backdoor, and if none of those people can figure out how to use crypto, then nearly all your email will be within reach of spooks and control-freaks and cops on fishing expeditions.

[. . .]

If people who understand technology don’t claim positions that defend the positive uses of technology, if we don’t operate within the realm of traditional power and politics, if we don’t speak out for the rights of our technically unsophisticated friends and neighbours, then we will also be lost. Technology lets us organise and work together in new ways, and to build new kinds of institutions and groups, but these will always be in the wider world, not above it.

May 14, 2012

On the TSA’s most recent security theatre follies

Filed under: Bureaucracy, Liberty, USA — Tags: , , , — Nicholas @ 09:48

Bruce Schneier:

I too am incensed — but not surprised — when the TSA manhandles four-year old girls, children with cerebral palsy, pretty women, the elderly, and wheelchair users for humiliation, abuse, and sometimes theft. Any bureaucracy that processes 630 million people per year will generate stories like this. When people propose profiling, they are really asking for a security system that can apply judgment. Unfortunately, that’s really hard. Rules are easier to explain and train. Zero tolerance is easier to justify and defend. Judgment requires better-educated, more expert, and much-higher-paid screeners. And the personal career risks to a TSA agent of being wrong when exercising judgment far outweigh any benefits from being sensible.

The proper reaction to screening horror stories isn’t to subject only “those people” to it; it’s to subject no one to it. (Can anyone even explain what hypothetical terrorist plot could successfully evade normal security, but would be discovered during secondary screening?) Invasive TSA screening is nothing more than security theater. It doesn’t make us safer, and it’s not worth the cost. Even more strongly, security isn’t our society’s only value. Do we really want the full power of government to act out our stereotypes and prejudices? Have we Americans ever done something like this and not been ashamed later? This is what we have a Constitution for: to help us live up to our values and not down to our fears.

Scottish minimum alcohol pricing: “Health fascism is back with a vengeance”

Filed under: Britain, Bureaucracy, Government, Health, Liberty — Tags: , , , , — Nicholas @ 09:30

A released statement from Sam Bowman, Head of Research at the Adam Smith Institute, responding to Scotland’s minimum alcohol price decision:

“Minimum alcohol pricing is a miserable, Victorian-era measure that explicitly targets the poor and the frugal, leaving the more expensive drinks of the middle classes untouched. It’s regressive and paternalistic, treating people as if they’re children to be nannied by the government.

“To make things worse, all signs suggest that the minimum price will be successively raised once it’s in place. This is what happened in the UK with alcohol and tobacco taxes, which are now among the highest in the world. It’s like boiling a frog – bring in a low minimum price that only affects the most marginalized part of society, the poor, and raise it gradually every year without people noticing.

“The reality is that Britain does not have a drink problem. The definition of “binge drinking” has been redefined so that a grown man drinking more than two pints of lager is considered to be “binging”. The number of diseases defined as “alcohol-related” has tripled in the last twenty-five years. In fact, we drink less than we did ten years ago, less than we did one hundred years ago, and far less than we did in the 19th Century. Hysteria about drinking alcohol is a red herring invented by the health lobby. Health fascism is back with a vengeance, and minimum alcohol pricing is just another brick in the wall.”

May 11, 2012

The University of Calgary is told by the courts that it “is not a Charter-free zone”

Filed under: Bureaucracy, Cancon, Liberty, Media — Tags: , , , , — Nicholas @ 09:36

The university attempted to suppress free speech by students and lost in court. And then lost on appeal:

This week, in the case of Pridgen v. University of Calgary, the Alberta Court of Appeal affirmed that the Charter of Rights and Freedoms protects the free speech rights of university students on campus.

[. . .]

The University of Calgary prosecuted the 10 students who had joined the Facebook page, and found all of them guilty of “non-academic misconduct” — including students who had not posted any comments. The university accused the students of defaming Mitra with “unsubstantiated assertions,” yet refused to hear any evidence from the students about the professor. Nobody testified to deny that the professor had asserted, bizarrely, that Magna Carta was a document written “in the 1700s for native North American human rights purposes.”

The University of Calgary threatened the Pridgen brothers and the other eight students who’d joined the Facebook page with expulsion if they failed to write an abject letter of apology.

Having been found guilty of non-academic misconduct, Keith and Steven Pridgen took the university to court, which declared in 2010 that, “the university is not a Charter-free zone.” That judgment was upheld this week by the Court of Appeal.

While the ruling is a victory for the free-speech rights of university students, it is disheartening that the University of Calgary needs a court order to compel it to fulfill its own mission statement: To promote free inquiry and debate.

May 10, 2012

Megan McArdle on “eyewitness” accuracy, bullying, and the failures of human memory

Filed under: Law, Liberty, Politics, Science — Tags: , , , , , — Nicholas @ 11:34

In a fascinating series of Twitter updates, Megan McArdle discusses the inherent problems we encounter when we depend on eyewitness testimony, especially long after the event. This is a long series of separate entries starting with this one:

It’s heartwarming to see all these journalists and twitterers who never did anything morally wrong in high school.

I mean, most of the high school students I knew were pretty much selfish and immoral herd beasts. But maybe things were different elsewhere.

[Responding to a comment from @jbouie] No, just saying that it’s not really backed up. You and I both know what the quality of eyewitness evidence is when given . . . immediately, and by the time it’s 50 years old and delivered in re a presidential election . . . the Swift Boaters had more . . . eyewitnesses who corroborated that Kerry was “lying”. Wouldn’t exactly be surprised to find that those who remember . . . Romney as ringleader were maybe not planning to vote for Mitt Romney.

I don’t think they’re lying as much as motivated cognition plus memory from 50 years ago is not reliable. Dito swiftboaters.

I don’t even think that’s only explanation; just think I can’t reliably distinguish from “they’re remembering accurately”

Note: I actually watched lots of formerly bullied girls become bullies themselves in girls’ camp when social dynamic of cabin . . . shifted for some reason. In most cases difference between bullied and bullies was group support/encouragement, not . . . some fundamental difference in their character. I never saw a bullied girl turn down the opportunity to bully someone else.

[. . .]

[in response to @pjdoland] I am sure that many of my bullies have forgotten it. I don’t think they’re sociopaths. I think they’re humans who grew up.

All the research on memory shows that it’s incredibly unreliable, and very easy to create factitious memories . . . that seem perfectly real. The odds that either Kerry or the Swift Boat vets accurately recalled what happened are zero.

And people who come out of the woodwork decades later with memories that impeach a presidential candidate are almost . . . certainly, either individually or as a group, altering those memories in ways that help the candidate they like.

. . . or they are embellishing memories. Seriously, this is a huge problem with eyewitness testimony, particularly in old trials.

If you tell people what happened, they will report it as if they recall it–they will in fact recall it.

A personal example: my mother was in hospital for an undiagnosed abdominal ailment that turned out to be appendicitis.

I spent the worst 13 hours of my life in the ER with her and would have sworn that it was seared—seared!–into my memory.

But as it happened, I kept a record of what was happening in RT, in case I wanted to write about it. (Fucking journalists, right?)

Three weeks later, I’d forgotten most of the stuff on the list. Some of it came back to me when I read it.

Some of it I still have absolutely no idea what I’m talking about. (I googled snoring? Why?) Memory is not what we think.

It’s a narrative that is constantly being recreated as we tell it, not a record.

The malleability of memory is something that none of us particularly want to face up to: we like to think of ourselves as reliable witnesses to our own lives, yet the evidence is that we are very much not. Some of us are a bit better at accurate recollection, while others consciously remember things as they should have happened instead of how they actually happened.

This, of course, should require us to move the entire “history” section over into the “fiction” part of the mental library…

Reason.tv: Ron Paul’s young voter fanbase

Filed under: Economics, Liberty, Media, Politics, USA — Tags: , , — Nicholas @ 07:36

May 8, 2012

Now available for download: License to Work

Filed under: Bureaucracy, Economics, Government, Liberty, USA — Tags: , , , , — Nicholas @ 10:14

The Institute for Justice has released a new study, License to Work: A National Study of Burdens from Occupational Licensing, which shows the negative effects imposed on (especially) poor and minority workers across the United States:

The report documents the license requirements for 102 low- and moderate-income occupations — such as barber, massage therapist and preschool teacher — across all 50 states and the District of Columbia. It finds that occupational licensing is not only widespread, but also overly burdensome and frequently irrational.

On average, these licenses force aspiring workers to spend nine months in education or training, pass one exam and pay more than $200 in fees. One third of the licenses take more than a year to earn. At least one exam is required for 79 of the occupations.

Barriers like these make it harder for people to find jobs and build new businesses that create jobs, particularly minorities, those of lesser means and those with less education.

May 7, 2012

Reason.tv: The True Story of Lawrence v. Texas

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 00:07

May 6, 2012

The free speech baby with the Citizens United bathwater

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , , , — Nicholas @ 10:32

George Will on the rather impressive sweep of a new proposal to circumvent the US Supreme Court’s decision in Citizens United:

Now comes Rep. Jim McGovern, D-Mass., with a comparable contribution to another debate, the one concerning government regulation of political speech. Joined by Minority Leader Nancy Pelosi, 26 other Democrats and one Republican, he proposes a constitutional amendment to radically contract First Amendment protections. His purpose is to vastly expand government’s power — i.e., the power of incumbent legislators — to write laws regulating, rationing or even proscribing speech in elections that determine the composition of the legislature and the rest of the government. McGovern’s proposal vindicates those who say most campaign-finance “reforms” are incompatible with the First Amendment.

His “People’s Rights Amendment” declares that the Constitution protects only the rights of “natural persons,” not such persons organized in corporations, and that Congress can impose on corporations whatever restrictions Congress deems “reasonable.” His amendment says it shall not be construed “to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, freedom of association and all such other rights of the people, which rights are inalienable.” But the amendment is explicitly designed to deny such rights to natural persons who, exercising their First Amendment right to freedom of association, come together in corporate entities to speak in concert.

McGovern stresses that his amendment decrees that “all corporate entities — for-profit and nonprofit alike” have no constitutional rights. So Congress — and state legislatures and local governments — could regulate to the point of proscription political speech, or any other speech, by the Sierra Club, the National Rifle Association, NARAL Pro-Choice America, or any of the other tens of thousands of nonprofit corporate advocacy groups, including political parties and campaign committees.

Newspapers, magazines, broadcasting entities, online journalism operations — and most religious institutions — are corporate entities. McGovern’s amendment would strip them of all constitutional rights. By doing so, the amendment would empower the government to do much more than proscribe speech. Ilya Somin of George Mason University Law School, writing for the Volokh Conspiracy blog, notes that government, unleashed by McGovern’s amendment, could regulate religious practices at most houses of worship, conduct whatever searches it wants, reasonable or not, of corporate entities, and seize corporate-owned property for whatever it deems public uses — without paying compensation. Yes, McGovern’s scythe would mow down the Fourth and Fifth Amendments, as well as the First.

Gary Johnson wins the Libertarian nomination

Filed under: Economics, Liberty, Politics, USA — Tags: , , — Nicholas @ 09:19

Former New Mexico governor Gary Johnson won the Libertarian Party’s nomination for their presidential candidate. Yesterday, before the vote, Dave Weigel posted this profile of Johnson:

Gary Johnson is late. He’s pretty happy about the reason: too many interviews on the schedule today. That was never a problem when he was running for the Republican Party’s presidential nomination. Now that he’s the front-runner for the less-exclusive Libertarian Party nod, people want to talk to him.

“We started out at Grover Norquist’s meeting,” says Johnson, putting down his iPad to join me at a Dupont circle coffee shop. Norquist’s meeting of conservatives is off the record, but attendees can confirm that they crossed the threshold. “I thought it was a really good reception. Part of being out there, campaigning, talking to people, is being able to read body language. And it was all good. Nobody was dozing off. Nobody was shaking their heads. They were actually shaking their head this way.” He nods vigorously.

We’re talking on the day that Newt Gingrich announced the end of his profound presidential bid, when the Republican Party, supposedly, was learning to love Mitt Romney. It’s a few days before Johnson will claim the Libertarian Party’s nomination, potentially becoming a spoiler for Romney. The heads really nodded this way? No heads shaking that way?

“No, none, zero,” says Johnson. “I really believe I’m gonna take it from Obama rather than Romney. I joke, you know — maybe all those pot-smoking, marriage equality, get out of Afghanistan voters for Romney are going to switch to me. Then, boy, he’ll be in trouble!”

May 3, 2012

Reason.tv: Brian Doherty on Ron Paul’s Revolution

Filed under: Economics, Liberty, Media, USA — Tags: , , , , — Nicholas @ 10:39

“Ron Paul invented the notion of a populist, activist, modern movement thats transpartisan” says Reason’s Brian Doherty

Brian Doherty sat down with ReasonTV to talk about his new book and how Ron Paul has changed politics in America. Doherty wrote about the evolution of the libertarian movement in his 2007 book “Radicals for Capitalism: A Freewheeling History of the Modern American Libertarian Movement”. He has been following and writing about Ron Paul and his movement since then. Doherty examines Ron Paul’s influence in a new book out May 15, “Ron Paul’s rEVOLution: The Man and the Movement He Inspired”.

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