Quotulatiousness

December 6, 2011

Forbes: The NDAA is the “Greatest Threat to Civil Liberties”

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 00:40

E.D. Kain makes the case for President Obama to veto the National Defence Authorization Act:

If Obama does one thing for the remainder of his presidency let it be a veto of the National Defense Authorization Act — a law being debated in the Senate currently which would place domestic terror investigations and interrogations into the hands of the military and which would open the door for trial-free, indefinite detention of anyone, including American citizens, so long as the government calls them terrorists.

So much for innocent until proven guilty. So much for limited government. What Americans are now facing is quite literally the end of the line. We will either uphold the freedoms baked into our Constitutional Republic, or we will scrap the entire project in the name of security as we wage, endlessly, this futile, costly, and ultimately self-defeating War on Terror.

In short, if the government says you’re a terrorist, it has the right to detain you in military prisons for as long as it likes: you have no rights as a designated “terrorist”. So much for habeas corpus.

December 4, 2011

The Economist looks at Seasteading

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

And it manages to avoid the mocking tone that’s common to most articles on this topic:

THE Pilgrims who set out from England on the Mayflower to escape an intolerant, over-mighty government and build a new society were lucky to find plenty of land in the New World on which to build it. Some modern libertarians, such as Peter Thiel, one of the founders of PayPal, dream of setting sail once more to found colonies of like-minded souls. By now, however, all the land on Earth has been claimed by the governments they seek to escape. So, they conclude, they must build new cities on the high seas, known as seasteads.

It is not a completely crazy idea: large maritime structures that resemble seasteads already exist, after all. Giant cruise liners host thousands of guests on lengthy voyages in luxurious surroundings. Offshore oil platforms provide floating accommodation for hundreds of workers amid harsh weather and high waves. Then there is the Principality of Sealand, a concrete sea fort constructed off Britain’s coast during the second world war. It is now occupied by a family who have fought various lawsuits to try to get it recognised as a sovereign state.

Each of these examples, however, falls some way short of the permanent, self-governing and radically innovative ocean-based colonies imagined by the seasteaders. To realise their dream they must overcome some tricky technical, legal and cultural problems. They must work out how to build seasteads in the first place; find a way to escape the legal shackles of sovereign states; and give people sufficient reason to move in. With financing from Mr Thiel and others, a think-tank called the Seasteading Institute (TSI) has been sponsoring studies on possible plans for ocean-based structures and on the legal and financial questions they raise. And although true seasteads may still be a distant dream, the seasteading movement is producing some novel ideas for ocean-based businesses that could act as stepping stones towards their ultimate goal.

Lowering allowable blood alcohol limits will not make our roads safer

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 10:38

Jesse Kline on the sounds-good-to-nanny-state-fans legal situation on Ontario roads:

My colleague Matt Gurney argues that creating a legal grey area between federal and provincial laws relating to drunk driving helps no one, and it’s better to have a lower overall limit than two conflicting ones. But lowering the legal limit to .05 is only going to distract police from going after the people who are actually making our roads less safe: dangerous drivers. By lowering the legal limit, we end up punishing motorists who are not driving dangerously, while diverting resources away from catching those who are.

The U.S. embarked on a similar push to reduce the legal limit from .10 to .08 in the 1990s and the results were less than stellar. A 1995 study conducted by the National Highway Traffic Safety Administration found 21 of the 30 states that had adopted the new rule experienced no improvement, or had less safe roads than the rest of the country.

In 2000, the federal government mandated that all states adopt the new standard. In the four years following this change, alcohol-related fatalities actually increased. Part of the reason was that drivers with a blood alcohol content (BAC) between .08 and .10 are generally not the ones swerving all over the road, so police set up checkpoints in order to catch them. This took officers off patrol.

According to Transport Canada’s own data, a person over 19 years of age with a BAC of .015 is statistically just as likely to get into an accident as someone with a blood alcohol level of .099. A majority (80%) of all alcohol-related crashes causing death are caused by drivers with a BAC over .08, while only 5% involve drivers in the grey area between .05 and .08.

“Scratch a Walmart-basher and you’ll find a snotty elitist, a person who hates capitalism and consumption and deep down thinks the Wrong People have Too Much Stuff”

Filed under: Economics, Liberty, Media, USA — Tags: , , — Nicholas @ 10:09

ESR shares his thoughts about WalMart bashing:

I find that, as little as I like excess and overconsumption, voicing that dislike gives power to people and political tendencies that I consider far more dangerous than overconsumption. I’d rather be surrounded by fat people who buy too much stuff than concede any ground at all to busybodies and would-be social engineers.

But there’s more than that going on here . . .

Rich people going on about the crassness of materialism, or spouting ecological pieties, often seem to me to me to be retailing a subtle form of competitive sabotage. “There, there, little peasant . . .” runs the not-so-hidden message “. . .it is more virtuous to have little than much, so be content with the scraps you have.” After which the speaker delivers a patronizing pat on the head and jets off to Aruba to hang with the other aristos at a conference on Sustainable Eco-Multiculturalism or something.

I do not — ever — want to be one of those people. And just by being a white, college-educated American from an upper-middle-class SES, I’m in a place where honking about overconsumption sounds even to myself altogether too much like crapping on the aspirations of poorer and browner people who have bupkis and quite reasonably want more than they have.

December 1, 2011

A defence of Jeremy Clarkson’s “strikers should be shot” comment

Filed under: Britain, Liberty, Media, Technology — Tags: , , , , , , — Nicholas @ 09:32

From, of all places, the Guardian:

How are your outrage levels today? Seen a sweary racist on a tram? Heard a TV personality make a bad joke about shooting public sector workers? Retweeted it and carefully added the correct hashtag?

Were you really, genuinely outraged?

Think about how you would have reacted to the story of an obnoxious woman on a tram seven years ago (pre-YouTube — PYT if you like). Would you have told everyone you know? Would you have asked them to tell everyone they know? Or would you have shrugged, mumbled something about the world going to hell in a handcart, and gone back to watching Top Gear, only to be confronted by Jeremy Clarkson making a hilarious joke about Spanish woman gypsy drivers (shrug again, change channel).

YouTube and Twitter are wonderful, wonderful things that have changed how we interact with the world, to the extent that I’m not sure I can remember life PYT. But they have created a mechanism by which we can we can monitor and record behaviour, whether of private citizens or public figures, play them over and over again, and share them with an alarming rapidity. Perhaps this heightened speed also leads us to feel forced into heightened reactions. Without the time to digest context and meaning we can only choose from a range of default reactions, largely based on our own prejudices.

[. . .]

Likewise with angry racist tram lady. My initial reaction to the video was “God, that’s horrible”, but as the storm grew, to the point where even Mia Farrow felt the need to tell us that she thought racism in south London was, y’know, just awful, I couldn’t help but feel sorry for the woman who had become a vessel for everyone else’s outrage. The sheer volume of righteousness becomes off-putting.

And now Clarkson, who has made a dull golf club bar joke about striking public sector workers needing to be shot. God knows the man doesn’t need my pity, but I feel driven towards feeling sorry for anyone who has several thousand people calling for their head simply because they’ve noticed that he’s done the same kind of thing he’s always done. I don’t think there’s a single reasonable person there who actually believes that Clarkson wants people to be shot for going on strike, so why do people feel the need to react the way we do? Lord knows we’re not talking about the most subtle of jokes here, but must we be so literal and unsubtle in our reaction?

Update: Just saw an update from BBCBreaking that Clarkson has apologized for the “should be shot” comment.

iPhone may not be quite as badly exposed by rootkit as Android devices

Filed under: Law, Liberty, Technology — Tags: , , , — Nicholas @ 09:05

Get your tinfoil hats out, boys, your smartphone may be logging your every move:

Blogger and iPhone hacker Chpwn believes that the controversial Carrier IQ software isn’t confined to Android devices.

In this blog post, he says a look at the /usr/bin folder reveals Carrier IQ’s agent software, identified as IQAgent in iOS 3, and either awd_ice2 or awd_ice3 on iOS 4 or iOS 5 devices.

At this point, Chpwn believes the daemon does not have access to the UI layer, which means it may not be able to capture the kind of data exposed in Android devices.

While Chpwn states that he is not certain the software is launched except when the phone is in diagnostic mode, the discovery is certain to add further momentum to the fury mounting at Carrier IQ’s surreptitious installation on consumer devices.

Update: Lifehacker offers the instructions on turning off the Carrier IQ component on your iPhone:

Hacker Chpwn discovered Carrier IQ after this week’s uproar, and while we still aren’t positive what it can track and send, he’s fairly certain it doesn’t include a keylogger like the Android version. So far it can log your phone number, your carrier, your active phone calls, and your location, though it’s unclear as to what it’s actually sending back to Apple. Luckily, there’s an easy way to turn it off. Just head to Settings > General > About > Diagnostics and Usage, and tap “Don’t Send”. That’s it! We’ve also updated our original post on Carrier IQ to include this new information.

Update, the second: Daniel Bader posts that two of the major Canadian mobile operators stated that Carrier IQ is not on the devices they sell:

Rogers has done an investigation and has confirmed that Carrier IQ is not present on any of its devices. On Twitter they stated that “Hi all. I’m happy to confirm that we have investigated and Carrier IQ is NOT on any of our devices”. TELUS also confirmed that they have not installed Carrier IQ on any of their devices. We are waiting to hear back from Bell.

November 30, 2011

Reason.tv: California vs. The Feds on medical marijuana

Filed under: Government, Health, Liberty, USA — Tags: , , , — Nicholas @ 09:32

November 29, 2011

Comparing the Tea Party and Occupy movements

Filed under: Economics, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 16:04

H/T to Jon, my former virtual landlord, for the link.

November 26, 2011

Gary Johnson as the Libertarian Party candidate

Filed under: Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 11:12

Reason is asking their readers if they’d support Gary Johnson as the US Libertarian Party’s presidential candidate:

Former two-term Gov. Gary Johnson (R-N.M.) tells the Santa Fe New Mexican that he feels “abandoned” by a Republican Party that shut him out of all but two of GOP presidential debates so far. As a result, he’s mulling over the idea of running for the Libertarian Party’s presidential nomination.

[. . .]

There’s little doubt that Johnson — who unambiguously supports an end to the drug war, a non-interventionist foreign policy, reproductive rights, liberalized immigration policy, free trade, and many other libertarian position — would be the highest-profile LP candidate at least since Ron Paul hit the hustings back in 1988. As a pol who won election twice in a Democratic-heavy state and governed to bipartisan acclaim, he’d also be the first one who could point to administrative experience and success, which would surely help with publicity for the LP’s existence and positions.

Incentives matter, especially in policing

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:31

Radley Balko looks at how federal government incentives to local police departments are encouraging them to concentrate on minor drug offenders instead of helping the victims of violent crime:

Arresting people for assaults, beatings and robberies doesn’t bring money back to police departments, but drug cases do in a couple of ways. First, police departments across the country compete for a pool of federal anti-drug grants. The more arrests and drug seizures a department can claim, the stronger its application for those grants.

“The availability of huge federal anti-drug grants incentivizes departments to pay for SWAT team armor and weapons, and leads our police officers to abandon real crime victims in our communities in favor of ratcheting up their drug arrest stats,” said former Los Angeles Deputy Chief of Police Stephen Downing. Downing is now a member of Law Enforcement Against Prohibition, an advocacy group of cops and prosecutors who are calling for an end to the drug war.

“When our cops are focused on executing large-scale, constitutionally questionable raids at the slightest hint that a small-time pot dealer is at work, real police work preventing and investigating crimes like robberies and rapes falls by the wayside,” Downing said.

[. . .]

Several NYPD officers have alleged that in some precincts, police officers are asked to meet quotas for drug arrests. Former NYPD narcotics detective Stephen Anderson recently testified in court that it’s common for cops in the department to plant drugs on innocent people to meet those quotas — a practice for which Anderson himself was then on trial.

At the same time, there’s increasing evidence that the NYPD is paying less attention to violent crime. In an explosive Village Voice series last year, current and former NYPD officers told the publication that supervising officers encouraged them to either downgrade or not even bother to file reports for assault, robbery and even sexual assault. The theory is that the department faces political pressure to produce statistics showing that violent crime continues to drop. Since then, other New Yorkers have told the Voice that they have been rebuffed by NYPD when trying to report a crime.

Daniel Hannan on how the “Occupy” movement misunderstands the right

Filed under: Britain, Economics, Liberty, Media, Politics — Tags: , , , , , — Nicholas @ 09:57

In his latest column in the Telegraph, Daniel Hannan lists ten mistaken beliefs that the “Occupy” folks seem to have about conservatives:

1. Free-marketeers resent the bank bailouts. This might seem obvious: we are, after all, opposed to state subsidies and nationalisations. Yet it often surprises commentators, who mistake our support for open competition and free trade for a belief in plutocracy. There is a world of difference between being pro-market and being pro-business. Sometimes, the two positions happen to coincide; often they don’t.

2. What has happened since 2008 is not capitalism. In a capitalist system, bad banks would have been allowed to fail, their profitable operations bought by more efficient competitors. Shareholders, bondholders and some depositors would have lost money, but taxpayers would not have contributed a penny.

[. . .]

6. Nor, by the way, does state intervention seem to be an effective way to promote equality. On the most elemental indicators — height, calorie intake, infant mortality, literacy, longevity — Britain has been becoming a steadily more equal society since the calamity of 1066. It’s true that, around half a century ago, this approximation halted and, on some measures, went into reverse. There are competing theories as to why, but one thing is undeniable: the recent widening of the wealth gap has taken place at a time when the state controls a far greater share of national wealth than ever before.

7. Let’s tackle the idea that being on the Left means being on the side of ordinary people, while being on the Right means defending privileged elites. It’s hard to think of a single tax, or a single regulation, that doesn’t end up privileging some vested interest at the expense of the general population. The reason governments keep growing is because of what economists call ‘dispersed costs and concentrated gains’: people are generally more aware the benefits they receive than of the taxes they pay.

November 23, 2011

BC Supreme Court upholds law against polygamy

Filed under: Cancon, Law, Liberty, Religion — Tags: , , , , — Nicholas @ 13:34

I’m somewhat surprised that the court upheld the existing law: I’d expected them to strike it down as overbroad.

Polygamy remains a crime in Canada, B.C. Supreme Court Chief Justice Robert Bauman ruled Wednesday. In his ruling, Bauman said the law violates the religious freedom of fundamentalist Mormons, but the harm against women and children outweighs that concern.

Bauman reserved judgment on the landmark case in April, after hearing 42 days of legal arguments during the unusual reference case, with opposing parties arguing the right to religious freedom and the risk of harm polygamy poses to women and children.

The constitutional issue was referred to the B.C. Supreme Court by the provincial government after polygamy charges laid against Bountiful, B.C., Mormon leaders Winston Blackmore and James Oler were stayed in 2009.

While this particular case involved Mormons, the majority of people whose marital arrangements would be affected are Muslims: there are an unknown (but growing) number of polygamous marriages among recent Muslim immigrants to Canada. If the existing law had been struck down, there would have been a scramble among regional and local government agencies to cope with the expected increase in demands for appropriate housing and support from newly legal multi-spouse families.

Sing a song, go to jail

Filed under: Britain, Law, Liberty, Soccer — Tags: , , , , — Nicholas @ 12:09

This is rather disturbing:

Imagine the scene. A dawn raid. A vanload of police officers batter down a front door. A 17-year-old boy is dragged from his home and driven away. He is charged with a crime and appears in court. His lawyers apply for bail, but the court decides his crime is too serious for that. So he is taken to a prison cell and remanded in custody.

What was his crime? Terrorism? Rape? No, this 17-year-old was imprisoned for singing a song. Where did this take place? Iran? China? Saudi Arabia? No — it was in Glasgow, Scotland, where the 17-year-old had sung songs that are now deemed by the authorities to be criminal. The youth was charged with carrying out a ‘religiously aggravated’ breach of the peace and evading arrest.

Why haven’t you heard about this case? Why aren’t civil liberties groups tweeting like mad about this affront to freedom? Because the young man in question is a football fan. Even worse, he’s a fan of one of the ‘Old Firm’ teams (Celtic and Rangers), which are renowned for their historic rivalry, and the songs he sang were football ditties that aren’t everyone’s cup of tea. Draconian new laws are being pushed through the Scottish parliament to imprison fans for up to five years for singing sectarian or offensive songs at football games, or for posting offensive comments on the internet, and this 17-year-old fell foul of these proposed laws.

November 22, 2011

QotD: Our Charter of “rights” and “freedoms”

Filed under: Cancon, Government, Law, Liberty, Quotations — Tags: , , , , — Nicholas @ 13:14

On the evening of January 12, 1981, justice minister Jean Chrétien sat in front of the special parliamentary committee on the Constitution. “I am proposing that Section 1 read as follows: The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society,” he said.

“This will ensure that any limit on a right must be not only reasonable and prescribed by law, but must also be shown to be demonstrably justified.” Translation: “This will ensure that even though we pretend the public has rights that are fundamental to any free and democratic society, we can take them away at will, so long as we can convince a judge that such measures are justified.”

The language used by Mr. Chrétien would eventually become Section 1 of the Charter, which gives government the constitutional cover to infringe the supposedly “fundamental freedoms” that follow it. In order to figure out when such infringements are in fact justified, the Supreme Court came up with the Oakes test.

Using this two-step process, laws that violate our Charter rights must have a “pressing and substantial” objective, and the means of effecting the limit must be reasonable and proportional. The infringement has to be connected to the law’s objective; it has to be as minimal as possible; and it must balance the consequences of such a limitation, with the objective that is being sought.

Jesse Kline, “Freedom shouldn’t come with caveats, but it does”, National Post, 2011-11-22

November 17, 2011

Updating 1984 to 2011: tweetcrime replaces thoughtcrime

Filed under: Britain, Law, Liberty — Tags: , , , , , , , — Nicholas @ 08:12

Patrick Hayes in the Independent:

Who’s afraid of the English Defence League (EDL) clicktivists? Well the police for a start, who decided to undertake a mass pre-emptive arrest of 179 EDL supporters, while they were drinking in a Westminster pub on Armistice Day, for supposedly planning an ‘attack’ on Occupy London protesters at St Paul’s. The police were tipped off by bloggers who had scoured the EDL’s Facebook posts for threatening remarks, and were apparently also assisted in the arrests by some Occupy London supporters, with the administrator of an Occupy London Facebook page boasting he played a role.

These arrests have rightly chilled civil liberties activists. As human rights campaigner Peter Tatchell tweeted at the time: ‘Democracies don’t arrest people who have committed no crime. EDL today, who next? Civil liberties are for all, even odious EDL.’ Brendan O’Neill has argued on spiked, ‘it seems pretty clear that [EDL] supporters were arrested for committing a tweetcrime, the modern-day equivalent of Orwell’s thoughtcrime, where you’re nicked for what lurks inside your head rather than for anything you’ve done in the real world.’

Strikingly, this illiberal, anti-democratic crackdown on EDL protesters came less than a fortnight after the publication of the most extensive research into the EDL yet: one that reveals the EDL to largely be all tweets and no action.

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