Quotulatiousness

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.

November 16, 2011

Stop the attempt to nationalize the internet (for the US government)

Filed under: Government, Liberty, Technology, USA — Tags: , , , , , , — Nicholas @ 12:17

If you don’t already associate SOPA with evil, Michael Geist explains why you should:

The U.S. Congress is currently embroiled in a heated debated over the Stop Online Piracy Act (SOPA), proposed legislation that supporters argue is needed combat online infringement, but critics fear would create the “great firewall of the United States.” SOPA’s potential impact on the Internet and development of online services is enormous as it cuts across the lifeblood of the Internet and e-commerce in the effort to target websites that are characterized as being “dedicated to the theft of U.S. property.” This represents a new standard that many experts believe could capture hundreds of legitimate websites and services.

For those caught by the definition, the law envisions requiring Internet providers to block access to the sites, search engines to remove links from search results, payment intermediaries such as credit card companies and Paypal to cut off financial support, and Internet advertising companies to cease placing advertisements. While these measures have unsurprisingly raised concern among Internet companies and civil society groups (letters of concern from Internet companies, members of the US Congress, international civil liberties groups, and law professors), [. . .] the jurisdictional implications demand far more attention. The U.S. approach is breathtakingly broad, effectively treating millions of websites and IP addresses as “domestic” for U.S. law purposes.

The long-arm of U.S. law manifests itself in at least five ways in the proposed legislation.

November 15, 2011

Stephen Gordon: One does not simply end supply management

Filed under: Cancon, Economics, Food, Liberty — Tags: , , , — Nicholas @ 09:29

Stephen Gordon in the Globe and Mail‘s Economy Lab on the economically indefensible Canadian anomaly known as “supply management”:

The best way to get a rise out of Canadian economists is to ask us about our dairy supply management system. It’s simply indefensible: a government-enforced cartel whose only purpose is to generate high prices for what most would view as essential goods. This sort of arrangement wouldn’t be — and isn’t — tolerated in another sector of the economy. Nor is it tolerated anywhere else in the world. So the news that the federal government is considering putting supply management on the table in order to join the Trans-Pacific Partnership trade deal is guaranteed to generate a certain amount of excitement among my colleagues.

It’s hard to believe that the interests of 13,000 Canadian dairy farmers could consistently trump the interests of 34 million Canadian dairy consumers, but yet the system is still with us. Why can’t we simply end supply management and let consumers benefit from lower dairy prices?

The problem is that current dairy farmers are — for the most part — not earning monopoly rents from what they produce. In order to sell their output, dairy farmers must first obtain a permit to do so, and dairy quotas are not cheap: more than $25,000 per cow. To a very great extent, the higher prices that they receive simply cover this initial investment.

November 14, 2011

Bullying is bad: banning bullying would be worse

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

Wendy Kaminer on the District of Columbia (DC) City Council’s proposed anti-bullying rules:

It started on college and university campuses, where repressive speech codes have been teaching generations of students that they have no right to offend someone, anyone, who can claim membership in a growing list of presumptively disadvantaged groups.

Now, this mindlessly censorious movement to force us to be nice to each other is encroaching on public life, off-campus: The District of Columbia (DC) City Council is considering banning the ‘harassment, intimidation, or bullying’ of students in public libraries and parks, as well as schools (including the District’s public university). Bureaucrats in charge of all relevant supervisory agencies are required to promulgate detailed policies that define bullying and harassment ‘no less inclusively’ than the City Council.

It would be difficult to define bullying more inclusively: according to the council bill, ‘harassment, intimidation or bullying’ is ‘any gesture or written, verbal or physical act, including electronic communication, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, colour, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory handicap, or by any other distinguishing characteristic’, which a ‘reasonable person’ would foresee as effectively intimidating or harmful to students or their property, or as effectively ‘insulting or demeaning’ to any student or group of students so as to disrupt ‘the orderly operation of a school, university, recreational facility, or library’.

Don’t bother trying to figure out what this vague and verbose definition of bullying includes. Focus instead what it might exclude — not much. Virtually no speech or behaviour that a student self-conscious about any ‘distinguishing characteristic’ might consider hurtful or that a petty bureaucrat might find offensive is beyond the reach of this ban. Its scope is simply breathtaking; although, sad to say, the ‘inclusiveness’ of this bill doesn’t distinguish it from other state and local bullying laws or campus speech codes. It is, however, shamefully distinguished by its application outside of schools to public libraries and parks. Imposing a subjective sensitivity code on the general public, it displays an astonishing contempt for the most obvious and fundamental freedoms of speech and belief, as well as astonishing ignorance of constitutional rights.

November 13, 2011

Tyler Cowen on traditional values

Filed under: Economics, Liberty, USA — Tags: , , , — Nicholas @ 12:54

In his latest New York Times column, Tyler Cowen looks at the relationship of wealth to traditional values of self-discipline and hard work:

The Occupy Wall Street movement has raised important questions about the respect paid to wealth in our society. There is a good deal of unfairness in the American economy, and by deliberately targeting the “top 1 percent,” the demonstrators have opened up a dialogue that is quite useful.

Nonetheless, as someone from a conservative and libertarian background, I find that I am hearing too much talk about riches and not enough about values. It’s worth recalling why so many Americans have respected the wealthy in the first place.

The United States has always had a culture with a high regard for those able to rise from poverty to riches. It has had a strong work ethic and entrepreneurial spirit and has attracted ambitious immigrants, many of whom were drawn here by the possibility of acquiring wealth. Furthermore, the best approach for fighting poverty is often precisely not to make fighting poverty the highest priority. Instead, it’s better to stress achievement and the pursuit of excellence, like a hero from an Ayn Rand novel. These are still at least the ideals of many conservatives and libertarians.

The egalitarian ideals of the left, which were manifest in a wide variety of 20th-century movements, have been wonderful for driving social and civil rights advances, and in these areas liberals have often made much greater contributions than conservatives have. Still, the left-wing vision does not sufficiently appreciate the power — both as reality and useful mythology — of the meritocratic, virtuous production of wealth through business. Rather, academics on the left, like the Columbia University economists Joseph E. Stiglitz and Jeffrey D. Sachs among many others, seem more comfortable focusing on the very real offenses of plutocrats and selfish elites.

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