Quotulatiousness

February 23, 2012

Michael Geist on why Canada should not appear in the US piracy watchlist

Filed under: Cancon, Law, Liberty, Media, Technology, USA — Tags: , , , , — Nicholas @ 13:16

You’d think, as Canada ranks 13th in the world for strength of intellectual property protection (much higher than the US at 24th spot), there’d be no question that Canada should not be considered as a “piracy haven”. But you’d be wrong:

In what has become an annual rite of spring, each April the U.S. government releases its Special 301 report — often referred to as the Piracy Watch List — which claims to identify countries with sub-standard intellectual property laws. Canada has appeared on this list for many years alongside dozens of countries. In fact, over 70% of the world’s population is placed on the list and most African countries are not even considered for inclusion.

While the Canadian government has consistently rejected the U.S. list because it “basically lacks reliable and objective analysis”, this year I teamed up with Public Knowledge to try to provide the U.S. Trade Representative Office with something a bit more reliable and objective. Public Knowledge will appear at a USTR hearing on Special 301 today. In addition, last week we participated in meetings at the U.S. Department of Commerce and USTR to defend current Canadian copyright law and the proposed reforms.

The full submission on Canadian copyright is available here. It focuses on four main issues: how Canadian law provides adequate and effective protection, how enforcement is stronger than often claimed, why Canada is not a piracy haven, and why Bill C-11 does not harm the interests of rights holders (critics of Bill C-11 digital lock rules will likely think this is self-evident).

February 22, 2012

Rick Mercer: Get a warrant, Vic!

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , — Nicholas @ 11:39

“Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking”

Filed under: Cancon, Government, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 11:19

Chris Selley in the National Post on the disappointing moment at the start of the fight against C-30, the Canadian government’s internet bill that would eviscerate what little privacy protection still exists:

The most disappointing moment in the otherwise heartening backlash against the Protecting Children from Online Predators Act came right at the beginning, immediately after Public Safety Minister Vic Toews issued his immortal Question Period ultimatum. Mr. Toews was defending a law that would, among other things, allow government agents to march into your Internet service provider, without a warrant, and “examine any document, information or thing.” In this regard, he said Liberal MP Francis Scarpaleggia, and by extension all Canadians, “can either stand with us or with the child pornographers.”

He deserved — Canadian democracy deserved — nothing less than a humiliating, well-crafted, immediate putdown. He didn’t even get a “for shame.”

[. . .]

In a dozen words, Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking. Any high school student should be able to identify and debunk the fallacy Mr. Toews was employing; to defend the intrinsic value of freedom and privacy; to articulate the dangers of handing governments excessive and unnecessary powers.

[. . .]

So, I think Mr. Toews’ comment sealed the deal. In the light of day, the War on Terror-era “you’re with us or you’re with the terrorists” argument is cringe-inducing; sub in criminals for terrorists and it’s laughable. More importantly, though, I suspect Mr. Toews finally confirmed a certain suspicion among many Canadians: When the government tells you it needs to limit your privacy or freedom, what it probably means is that it wants to limit your privacy and freedom and thinks you won’t put up a fight. It’s delightful to see this government proved wrong.

February 21, 2012

The real problem with forcing employers’ insurance to pay for contraception

Filed under: Government, Health, Liberty, Religion, USA — Tags: , , — Nicholas @ 11:29

At the Adam Smith Institute blog, Tom Clougherty discusses the biggest problem with the current American debate over contraceptives and insurance coverage:

Now, I’m no Rick Santorum. I’m a fan of contraception. But there’s so much wrong with this story that it’s hard to know where to start. Should the government really compel you to buy a service from a private company? It’s probably better than the government nicking your money and providing that service themselves, but for a libertarian it still rankles. Then there’s the insensitivity to deeply-held religious conviction, which not only exposes the ‘liberal’ left’s inability to tolerate social mores that differ from their own, but also highlights the way big government inevitably tramples on diversity and choice with its one-size-fits-all monomania. And then there’s the idiot-economics which suggests that you can force a company to provide a service without anyone having to pay for it. In this case, assuming insurance companies can’t find a way of covertly passing on the cost of contraceptive cover to church-affiliated employers, then everyone else with insurance ends up footing the bills through higher premiums.

But perhaps the biggest problem is the one explained by Sheldon Richman in this Freeman article: contraception has nothing whatsoever to do with insurance.

    Insurance arose as a way for individuals to pool their risk of some low-probability/high-cost misfortune befalling them. It shouldn’t be necessary to point this out, but coming of child-bearing age and choosing to use contraception is not an insurable event. It’s a volitional act. It may have good consequences for the person taking the action and society at large, but it is still a volitional act. It makes no sense to talk about insuring against the eventuality that a particular person will use contraception.

February 19, 2012

Toews didn’t even know what was in his own proposed legislation

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 11:36

In an interview with the CBC, Public Safety Minister Vic Toews reveals that he hasn’t actually read or understood his own bill:

In an interview airing Saturday on CBC Radio’s The House, Toews said his understanding of the bill is that police can only request information from the ISPs where they are conducting “a specific criminal investigation.”

But Section 17 of the ‘Protecting Children from Internet Predators Act’ outlines “exceptional circumstances” under which “any police officer” can ask an ISP to turn over personal client information.

“I’d certainly like to see an explanation of that,” Toews told host Evan Solomon after a week of public backlash against Bill C-30, which would require internet service providers to turn over client information without a warrant.

“This is the first time that I’m hearing this somehow extends ordinary police emergency powers [to telecommunications]. In my opinion, it doesn’t. And it shouldn’t.”

As was detailed in a recent post on the Canadian Privacy Law Blog, Bill C-30 is riddled with nasty little booby traps, including a provision that prevents your ISP from telling you that your information has been given to the police (or other “inspectors” as designated by the minister) even after the investigation is complete. For that matter, there doesn’t even have to be a criminal investigation underway: if someone is given the role of “inspector” under this bill, they have the right to demand this information under any circumstances at all.

An update to that blog post since last time I linked to it:

Update (18 February 2012): It is really worth noting that this gag order is not new. It has existed in PIPEDA for quite some time. What is new is extending it to cover “lawful access” requests.

People should be aware that — I am told — in the vast majority of cases, internet service providers will willingly hand over customer information without a warrant when the police tell them that it is connected with a child exploitation investigation (using something cynically called a “PIPEDA Request”, which I’ve blogged about before). If your internet service provider hands over your information voluntarily, that’s also subject to the gag order in Section 9 of PIPEDA.

February 18, 2012

Even hardcore pro-Tory cheerleaders hate the new Internet bill

Filed under: Cancon, Government, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 12:27

The Sun chain of newspapers is without a doubt the most pro-Conservative media voice in Canada. When even they are calling Bill C-30 “seriously flawed”, you’ve got to hope that the government will give up:

The legislation, Bill C-30, tabled this week as the Protecting Children from Internet Predators Act, had virtually no safeguards to protect law-abiding Canadians, including the media, from being spied upon by police, bureaucrats, CSIS — even the competition bureau.

Until Prime Minister Stephen Harper punted the bill straight to committee for a badly-needed overhaul, his government appeared unconcerned about its own inconsistency.

Earlier this week, for example, the long-gun registry was finally put down, killed by the Harper majority for one reason and one reason alone.

It was rightly deemed to be an intrusion into the privacy of law-abiding Canadians.

This leaves Bill C-30 indefensible in its present form.

Requiring telecommunications providers to hand over personal information — without a warrant — to law-enforcement agencies opens the door to incredible abuses, and not just by Big Brother.

“This is going to be like the Fort Knox of information that the hackers and the real bad guys will want to go after,” said Ann Cavoukian, Ontario’s privacy commissioner.

The bill also includes a lovely little gag order provision that prevents your ISP from telling you when your information has been turned over to “inspectors” under the bill (and that doesn’t limit itself to the police: anyone could be appointed as an inspector by the ministry).

The skeleton of Eugenics rattles in the socialist closet

Filed under: Britain, History, Liberty — Tags: , , , , , , — Nicholas @ 11:22

In, of all places, the Guardian, Jonathan Freedland discusses the attraction to Eugenics for mainstream socialists in the 1930s:

It is eugenics, the belief that society’s fate rested on its ability to breed more of the strong and fewer of the weak. So-called positive eugenics meant encouraging those of greater intellectual ability and “moral worth” to have more children, while negative eugenics sought to urge, or even force, those deemed inferior to reproduce less often or not at all. The aim was to increase the overall quality of the national herd, multiplying the thoroughbreds and weeding out the runts.

Such talk repels us now, but in the prewar era it was the common sense of the age. Most alarming, many of its leading advocates were found among the luminaries of the Fabian and socialist left, men and women revered to this day. Thus George Bernard Shaw could insist that “the only fundamental and possible socialism is the socialisation of the selective breeding of man”, even suggesting, in a phrase that chills the blood, that defectives be dealt with by means of a “lethal chamber”.

Such thinking was not alien to the great Liberal titan and mastermind of the welfare state, William Beveridge, who argued that those with “general defects” should be denied not only the vote, but “civil freedom and fatherhood”. Indeed, a desire to limit the numbers of the inferior was written into modern notions of birth control from the start. That great pioneer of contraception, Marie Stopes — honoured with a postage stamp in 2008 — was a hardline eugenicist, determined that the “hordes of defectives” be reduced in number, thereby placing less of a burden on “the fit”. Stopes later disinherited her son because he had married a short-sighted woman, thereby risking a less-than-perfect grandchild.

Yet what looks kooky or sinister in 2012 struck the prewar British left as solid and sensible. Harold Laski, stellar LSE professor, co-founder of the Left Book Club and one-time chairman of the Labour party, cautioned that: “The time is surely coming … when society will look upon the production of a weakling as a crime against itself.” Meanwhile, JBS Haldane, admired scientist and socialist, warned that: “Civilisation stands in real danger from over-production of ‘undermen’.” That’s Untermenschen in German.

I’m afraid even the Manchester Guardian was not immune. When a parliamentary report in 1934 backed voluntary sterilisation of the unfit, a Guardian editorial offered warm support, endorsing the sterilisation campaign “the eugenists soundly urge”. If it’s any comfort, the New Statesman was in the same camp.

Lest Canadians get smug about those evil Brits and their morally dubious theories, let us remember that our own sainted Tommy Douglas, first leader of the NDP, wrote his Master’s thesis on the subject of eugenics:

Douglas graduated from Brandon College in 1930, and completed his Master’s degree (M.A.) in Sociology from McMaster University in 1933. His thesis entitled The Problems of the Subnormal Family endorsed eugenics.[16] The thesis proposed a system that would have required couples seeking to marry to be certified as mentally and morally fit. Those deemed to be “subnormal” because of low intelligence, moral laxity or venereal disease would be sent to state farms or camps while those judged to be mentally defective or incurably diseased would be sterilized.[17]

Douglas rarely mentioned his thesis later in his life and his government never enacted eugenics policies even though two official reviews of Saskatchewan’s mental health system recommended such a program when he became premier and minister of health.[17] By that time, many people questioned eugenics after Nazi Germany had embraced it to create a “master race”.[18] Instead, Douglas implemented vocational training for the mentally handicapped and therapy for those suffering from mental disorders.[19] (It may be noted that two Canadian provinces, Alberta and British Columbia, had eugenics legislation that imposed forced sterilization. Alberta’s law was first passed in 1928 while B.C. enacted its legislation in 1933.[20] It was not until 1972 that both provinces repealed the legislation.)[21][22]

February 17, 2012

Even the folks who supported “lawful access” are rethinking after Vic Toews’ “with us or with the child pornographers” comment

Filed under: Cancon, Liberty, Technology — Tags: , , , — Nicholas @ 10:48

Lorne Gunter was about to write in favour of the Conservative government’s Orwellian “lawful access” legislation until Vic Toews clarified the issue for him:

Want to read my email, Vic Toews? Get a warrant

Vic Toews, stay out of my inbox. And no, it’s not because I’m trying to hide messages between me and kiddie porn providers.

I was about to write a column defending the Tories’ “lawful access” bill, albeit with strong reservations. Then Public Safety Minister Vic Toews accused anyone and everyone who wasn’t fully behind his bill of being supportive of the sexual creeps who prey on children by making and distributing pornographic images of them.

Seriously, Mr. Toews? Could you have done anything else that would have more thoroughly confirmed civil libertarians’ fears about your bill’s assault on privacy and personal liberty?

It is not a sign of indifference to the scourge of online child pornography to be concerned about giving police too much authority to snoop around in Canadians’ online activities. That’s a genie that cannot be put back in its bottle once it’s been released.

Gary Johnson is “the candidate that the Left once hoped Barack Obama would be”

Filed under: Economics, Liberty, Media, Politics, USA — Tags: , , — Nicholas @ 09:01

Theo Anderson thinks that Gary Johnson is the candidate that should terrify the Democrats:

Gary Johnson is, in some important ways, the candidate that the Left once hoped Barack Obama would be. He vocally opposes the death penalty, the use of torture by the U.S. military, and the indefinite detention of people charged with a crime–even suspects charged with terrorism.

He’s pro-choice. He calls for deep cuts in the defense budget and an immediate withdrawal of U.S. troops from Afghanistan and from many of our military bases around the world. He unequivocally supports marriage rights for gays and believes that legalizing marijuana — rather than building a wall — is the key to solving illegal immigration. He also favors a two-year grace period for immigrants who are in the U.S. illegally, so that they can obtain work visas and continue living and working here.

[. . .]

What’s striking about Johnson isn’t just the fact that he’s to the left of Obama and most other elected Democrats on many issues. It’s also his boldness in comparison with the Democrats’ timidity. He’s been a fierce critic, for example, of the warmongering and civil-liberties abuses by both major parties over the past decade. In January, when he spoke the ACLU’s National Staff Conference, he called for repeal of the Patriot Act.

“Ten years ago,” he said, “we learned that the fastest way to pass a bad law is to call it the ‘Patriot Act’ and force Congress to vote on it in the immediate wake of a horrible attack on the United States. The irony is that there is really very little about the Patriot Act that is patriotic. Instead, it has turned out to be yet another tool the government is using to erode privacy, individual freedom and the Constitution itself.”

Joey deVilla’s “What People Think Libertarians Do”

Filed under: Humour, Liberty, Media — Tags: — Nicholas @ 08:55

Click image to go to original post at The Adventures of Accordion Guy in the 21st Century

February 16, 2012

Getting rid of that messy, obstructive “democracy” thing in Europe

Filed under: Bureaucracy, Europe, Government, Greece, Liberty — Tags: , — Nicholas @ 10:40

Bruno Waterfield on the destruction of democracy in Greece and what it will mean for the rest of the European Union:

What happens in Greece will mark the opening of a new era in European politics. It is important therefore to understand what is and isn’t going on. The crisis is not, as many believe, being driven by ‘neoliberal’ economic policies. It isn’t caused by any Greek cultural propensity to fecklessness either. And, despite the protest graffiti and the timeless appeal of Nazi references, the Greek tragedy is not a plot to restore an explicit German hegemony in Europe. Angela Merkel is no Adolf Hitler.

What is happening in Greece is a crisis of European proportions because it is the sharpest expression of a destructive trend common to all countries in the EU: the twenty-first-century elite mission to place institutions, policy and statecraft above society. The Greek catastrophe, then, is an indicator of what happens when the question of interest or politics becomes the sole preserve of bureaucratic or state structures decoupled from, and increasingly defined against, the public.

Measures imposed on Greece are explicitly declared, even celebrated, as being in opposition to Greek society. Any attempt by political parties to uphold the democratic representation of Greek interests is met with aggressive hostility. Moreover, the EU-IMF programme, or so-called Memorandum of Understanding, for Greece is utterly divorced from economic reality. As documented in the Daily Telegraph, the Eurozone’s policies are pushing Greece into a ‘death spiral’ that defies any economic logic.

Are you for Orwellian surveillance by government thugs or are you with the child pornographers?

Margaret Wente in the Globe & Mail:

Where do you stand on the new online surveillance bill? Are you with the government? Or are you with the child pornographers? According to Public Safety Minister Vic Toews, you have to choose.

In case you fail to get the point, the new legislation is being subtly marketed as the Protecting Children From Internet Predators Act. Of course, maybe you don’t really care about protecting children from Internet predators. Maybe you don’t care that without this law, filthy perverts will continue to roam free. Really, it’s your choice.

I am scarcely the first person to point out that Stephen Harper’s government likes to demonize its opponents, or that it has a nasty authoritarian streak. But in this case, the dissent is unusually widespread. Those with doubts about the bill include opposition politicians, civil libertarians, privacy commissioners and Internet experts — plus more than a few small-c conservatives who wonder why our government insists on whipping up unnecessary moral panic when it doesn’t have to.

[. . .]

So why do I stand with the child pornographers here? Because I’m not convinced the police need new powers to root out online child molesters. Judging by the recent highly publicized busts of child-porn rings, their existing powers seem to be working fine. Nor am I convinced that the police will never abuse their power. History shows they usually do. That’s why they need civilian oversight. That’s not liberal, in my view. That’s prudent.

February 14, 2012

Santorum is “libertarianism’s sweater-vested arch-nemesis”

Filed under: Liberty, Politics, USA — Tags: , , , — Nicholas @ 11:40

For pretty much any position you could name, if you mapped the libertarian opinion on it, diametrically opposed on the chart you’d find Rick Santorum. Gene Healy explains why there’s no libertarian case for voting Santorum:

To borrow from Mitt’s rhetorical stylings, I’m not severely conservative, but I do have a case of Stage IV libertarianism. And anyone who shares that condition will find Santorum’s rise particularly vexing. The former senator from Pennsylvania is libertarianism’s sweater-vested arch-nemesis.

In a Pennsylvania Press Club luncheon in Harrisburg last summer, Santorum declared, “I am not a libertarian, and I fight very strongly against libertarian influence within the Republican Party and the conservative movement.”

In that regard, Santorum has a pretty impressive record. By voting for the No Child Left Behind Act, he helped give President Obama the power to micromanage the nation’s schools from Washington; and by supporting a prescription drug entitlement for Medicare, he helped saddle the taxpayers with a $16 trillion unfunded liability.

Santorum voted for the 2005 “bridge to nowhere” highway bill, has backed an expanded national service program, and his compassionate conservatism has the Bono seal of approval: “On our issues, he has been a defender of the most vulnerable.” Rick Santorum: He’s from the government, and he’s here to help.

[. . .]

A recent Time magazine symposium asked leading thinkers on the Right, “What Is Conservatism?” Anti-tax advocate Grover Norquist offered this answer: “Conservatives ask only one thing of the government. They wish to be left alone.”

Tell that to Santorum, whose agenda rests on meddling with other people, sometimes with laws, sometimes with aircraft carrier groups.

“This idea that people should be left alone, be able to do whatever they want to do,” Santorum complained to NPR in 2006, “that we shouldn’t get involved in the bedroom, we shouldn’t get involved in cultural issues … that is not how traditional conservatives view the world.”

“The Harper crime policy is less than the sum of its parts”

Filed under: Cancon, Law, Liberty — Tags: , , , , , , — Nicholas @ 10:39

It’s odd to find myself on the same side of a debate as Roy McMurtry, but he and his co-authors Edward Greenspan and Anthony Doob are much more right than the government in this:

The Harper crime policy is less than the sum of its parts because it does not add up to a crime policy that addresses, or even acknowledges, these basic facts. It squanders resources that could be used to reduce crime. Making it more difficult for people to get out from under the shadow of their much earlier offences (through a pardon or “record suspension”) makes it harder for millions of Canadians with criminal records to reintegrate into society. Adding mandatory minimum penalties will do nothing to deter offenders, who, the data demonstrate, do not expect to get caught.

But the Harper crime policy is more than the sum of its parts because it tells us that the government is committed to ignoring evidence about crime, and does not care about whether our criminal-justice system is just and humane.

The student who grows six marijuana plants in her rented apartment to share with friends will soon face a mandatory minimum sentence of nine months in prison. Meanwhile, assaults have no mandatory minimum sentences. The law says that trial judges are required to impose sentences proportional to their seriousness and the offender’s responsibility for the offence. Is someone who grows six marijuana plants much more dangerous than someone who grows five (for which there is no minimum sentence)? Or who commits an assault? The Harper Tories seemingly think so.

Update: Of course, Stephen Harper rhetorically cast the libertarians out of the Conservative party years ago. The current attempts to provide the police with powers even they have said they don’t need merely provide extra proof. Chris Selley summarizes a National Post editorial on the subject:

The National Post‘s editorialists do not understand how a government that considers the long-gun registry (and, we’d add, the mandatory long-form census) an unconscionable invasion of Canadians’ privacy and a waste of their money can possibly get behind legislation that would “give the government unprecedented access to Canadians’ online activities, by allowing police to collect the personal information of Internet users … without having to go through the cumbersome process of obtaining a warrant beforehand.” We share this frustration. But Public Safety Minister Vic Toews made it quite clear what he thinks of such complaints yesterday, when he said Canadians “can either stand with us or with the child pornographers.” In other words: “Attention, libertarian wing of the Conservative Party of Canada. We think you are immoral, and no longer desire your votes.”

February 12, 2012

Bryan Caplan on “the stranger”

Filed under: Government, Law, Liberty — Tags: , — Nicholas @ 11:36

An interesting post at Econlog:

What do you call a man you never met? A stranger.

What are you morally forbidden to do to a stranger? You may not murder him. You may not attack him. You may not enslave him. Neither may you rob him.

What are you morally required to do for a stranger? Not much. Even if he seems hungry and asks you for food, you’re probably within your rights to refuse. If you’ve ever been in a large city, you’ve refused to help the homeless on more than one occasion. And even if you think you broke your moral obligation to give, your moral obligation wasn’t strong enough to let the beggar justifiably mug you.

Notice: These common-sense ethics regarding strangers, ethics that almost everyone admits, are unequivocally libertarian. Yes, you have an obligation to leave strangers alone, but charity is optional.

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