Quotulatiousness

September 13, 2010

QotD: An alternate history we might have suffered

Thought experiment: imagine an Internet in which email and web addresses were centrally issued by government agencies, with heavy procedural requirements and no mobility — even, at a plausible extreme, political patronage footballs. What kind of society do you suppose eventually issues from that?

I was there in 1983 when a tiny group called the IETF prevented this from happening. I had a personal hand in preventing it and yes, I knew what the stakes were. Even then. So did everyone else in the room.

Thought experiment: imagine a future in which everybody takes for granted that all software outside a few toy projects in academia will be closed source controlled by managerial elites, computers are unhackable sealed boxes, communications protocols are opaque and locked down, and any use of computer-assisted technology requires layers of permissions that (in effect) mean digital information flow is utterly controlled by those with political and legal master keys. What kind of society do you suppose eventually issues from that?

Remember Trusted Computing and Palladium and crypto-export restrictions? RMS and Linus Torvalds and John Gilmore and I and a few score other hackers aborted that future before it was born, by using our leverage as engineers and mentors of engineers to change the ground of debate.

[. . .]

Did we bend the trajectory of society? Yes. Yes, I think we did. It wasn’t a given that we’d get a future in which any random person could have a website and a blog, you know. It wasn’t even given that we’d have an Internet that anyone could hook up to without permission. And I’m pretty sure that if the political class had understood the implications of what we were actually doing, they’d have insisted on more centralized control. ~For the public good and the children, don’t you know.~

So, yes, sometimes very tiny groups can change society in visibly large ways on a short timescale. I’ve been there when it was done; once or twice I’ve been the instrument of change myself.

Eric S. Raymond, “Engineering history”, Armed and Dangerous, 2010-09-12

September 10, 2010

Maxime Bernier for PM!

Filed under: Cancon, Liberty, Politics — Tags: , , , — Nicholas @ 13:12

Now that most of us have given up on any actual free market policies coming out of the PMO, perhaps it’s time to look to someone who still appears to have libertarian tendencies:

It seems the libertarian Conservative MP is offside with the rest of his Quebec caucus colleagues over the issue of funding a multi-million-dollar hockey rink. He was conspicuously absent from a photo-op this week, in which Quebec MPs donned Nordiques jerseys to show their support for the arena and the possibility of bringing an NHL team back to the provincial capital.

“It was instructive that Quebec MP Maxime Bernier, who opposes public handouts for private enterprise, was missing from the photograph and e-mailed me a curt ‘no comment’ when asked about the merits of federal support for the arena,” National Post columnist Don Martin wrote at the time.

Mr. Bernier has since taken to the local airwaves in his Beauce riding to pour cold water on the idea of the Tories showering taxpayer dollars on sports facilities while battling a $56-billion deficfit.

Corporate give-aways of millions of dollars to billionaire sports team owners shouldn’t be merely controversial: they should be anathema. It’s that much worse when the government is deeply in debt.

Update: Maxime Bernier in his own words:

The hard reality is that we have just been through a global economic crisis — which remains very preoccupying and is likely not over — and governments in both Quebec City and Ottawa are heavily indebted. Our government has just posted a huge $56-billion deficit and the priority is to get back to a balanced budget through reductions in our own programs, and avoid by all means getting involved in risky financial ventures.

I was not at all impressed by the Ernst & Young study, which concluded that the project would be “profitable” — but only on the assumption that governments provide full funding for the construction as well as the repairs and renovations that will be necessary over the next 40 years. That’s a deceptive way of putting it. The conclusion should rather be that the project is simply not profitable and will constitute a financial burden for taxpayers for decades to come, even in the best scenario. That’s why not a single private player has been found to invest in it.

Just about any business would be “profitable” if they never had to pay rent for their business premises or buy, build, and maintain their own buildings. That isn’t the way ordinary businesses operate, and professional sports teams shouldn’t be any different. We don’t elect governments to be the primary supporters of sports team owners . . . no matter how many “complimentary” premium seats at the stadium may be offered to individual politicians.

As the great French economic Frédéric Bastiat wrote, “Government is the great fiction through which everybody endeavours to live at the expense of everybody else.” When such large amounts are in play, it is impossible to calculate exactly who has received how much. We would need to go beyond a single file and take into account all public spending items, going as far back as possible.

That’s what Quebec separatists like to do. They keep telling us that Quebec has been on the losing side of the financial equation and that Ottawa has systematically been favouring Ontario for more than a century. Meanwhile, people in the rest of the country believe that Quebec is the spoiled child of the federation. Each region can point towards many examples to nurture its frustrations. It is a pointless debate which can only divide our country.

Oh, swoon!

Clarifying the clarification

Filed under: Britain, Law, Liberty, Media — Tags: , , , , — Nicholas @ 12:10

It’s going to scroll off the front page soon, so I thought I’d better put in a link to this post about the ongoing confusion in Britain over photography and the right of the police to confiscate images or recordings in certain circumstances. I’ve updated the post twice with more information from The Register.

September 8, 2010

New Police policy: photography not illegal, but we’ll safeguard it for you

Filed under: Britain, Law, Liberty, Media — Tags: , , , , — Nicholas @ 12:05

British police forces may be starting to accept that photography is legal in public spaces, but the Sussex police have come up with a new and sneaky way to get between photographers and their equipment:

According to a statement by Sussex Police: “Under Section 19 of the Police and Criminal Evidence Act [1984], an officer policing the event seized a video tape from a member of the public. Section 23 of the Act states that this can take place in ‘any place’, providing the officer is lawfully there and has reasonable grounds to believe it provides evidence of a criminal offence.

“The officer reasonably believed the tape contained evidence of a protester being assaulted by someone taking part in the march. It has been seized temporarily to ensure that evidence cannot be inadvertently lost or altered and will be returned, intact, to the owner as soon as possible.”

See, the very worst people to leave in charge of the camera or the storage media are the photographers: those people always take photos just to delete them, out of spite. The plod are totally within their rights to confiscate safeguard it, just to preserve the evidence.

Good luck on getting it back in working order, of course.

Update, 9 September: Jane Fae Ozimek updates the original story with a bit of additional information:

The police officer taking the film claimed legal justification under Section 19 of the Police and Criminal Evidence Act 1984, which permits the police to seize film or memory sticks discovered “under lawful search” and where there are reasonable grounds to believe they provide evidence of a criminal offence.

So far, so straightforward. However, under s.14 of the same legislation, police may not remove “special procedure material” of a journalistic nature without a warrant. The question therefore arises whether Williams’ filming efforts, even though he does not describe himself as “a journalist”, is nonetheless of a journalistic nature.

The waters are further muddied by a letter sent out just four days earlier by Andy Trotter, Chair of ACPO’s Media Advisory Group to all Chief Constables. In it, Mr Trotter reminds police chiefs that there are no powers to prevent the public from taking photographs in a public place. Significantly, he goes on: “We must acknowledge that citizen journalism is a feature of modern life.”

“Once an image has been recorded, the police have no power to delete or confiscate it without a court order.”

Update, 10 September: Clarifying the clarification to the declaration, or something. The Register is still on the case:

It would appear that at this point alarm bells started ringing at ACPO HQ, and late yesterday afternoon we received a further communication from ACPO. A spokeswoman told us: “We have clarified our guidance note to forces, however, as this does not affect the legal right of officers to seize photographic equipment in certain circumstances, such as during the course of a criminal investigation.

“While it is the job of police officers to be vigilant, to keep an eye out for any suspicious behavior and to act accordingly, we have been very clear in expressing our view that the taking of photographs is not normally a cause for concern. Whether s.19 PACE was used appropriately in the case in question would ultimately be a matter for Sussex.”

More to the point, Trotter’s freshly updated advice has been re-issued and now reads: “Once an image has been recorded the police have no power to delete it without a court order; this does not however restrict an officer’s power to seize items where they believe they contain evidence of criminal activity.”

For those readers too busy to play compare and contrast, the original guidance stated that the police have no power to confiscate recorded images, whereas the clarified guidance explains that they have. Clear?

September 6, 2010

When “informers” become “enablers”

Filed under: Law, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 10:12

Stephan Salisbury writes that many “foiled” terror plots could never have become actual threats . . . without government assistance:

Informers have by now become our first line of defense in our battles with the evildoers, the go-to guys in the never-ending domestic war on terror. They regularly do the dirty work — suggesting and encouraging the plots, laboring as bag men to move the money, fashioning the bombs, and eliciting the flamboyant dialogue, even while following the scripts of their handlers to the letter. They have attended to all the little details that make for the successful and now familiar arrests, criminal complaints, trials, and (for the most part) convictions in the ever-distracting war against . . . what? Al-Qaeda? Terror? Muslims? The inept? The poor?

The Liberty City Seven, the Fort Dix Six, the Detroit Ummah Conspiracy, the Newburgh Four — each has had their fear-filled day in the sun. None of these plots ever came close to happening. How could they? All were bogus from the get-go: money to buy missiles or cell phones or shoes and fancy duds — provided by the authorities; plans for how to use the missiles and bombs and cell phones — provided by authorities; cars for transport and demolition — issued by the authorities; facilities for carrying out the transactions — leased by those same authorities. Played out on landscapes manufactured by federal imagineers, the climax of each drama was foreordained. The failure of the plots would then be touted as the success of the investigations and prosecutions.

It’s often been observed that war is the health of the state. Can we now also say that the war on terror is the health of the intelligence agency?

H/T to Bruce Schneier for the link.

September 5, 2010

Craigslist surrenders, problem totally resolved

Filed under: Humour, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 11:26

Dan Tynan recounts the glorious moral victory scored by unhappy state legislators against the final bastion of sin and decadence, Craigslist:

Bowing to pressure from 17 state attorneys general, Craigslist has begun censoring its Adult Services ads. Visitors coming to any of the 400+ Craigslist sites will encounter a big black CENSORED tab where Adult Services used to be.

As we all know, the scourge of prostitution had been entirely eradicated from modern society before Craigslist came along. And now that Adult Service ads are banned, you can expect all those hard-working gals to pack up their condoms and lubricants and enroll in secretarial school.

Alas, we fear that — despite the best intentions of 17 state attorneys general desperately trying to get re-elected — a ban on Adult Services won’t quite put an end to adult-oriented advertising on Craigslist.

September 4, 2010

When you’ve lost the Globe, you’ve lost the argument

Filed under: Bureaucracy, Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:47

At least it means you’ve lost the argument to keep the long-gun registry:

The Canadian Association of Chiefs of Police cannot be faulted for their recent unanimous vote in support of the national long-gun registry. Police will understandably always want as much information about those they investigate as they can lay their hands on. It is in the nature of their business. A national fingerprint registry of Canadians would no doubt also be seen as an aid to police work. But just because police chiefs would like a long-gun registry does not make it good public policy or a wise public expenditure.

[. . .]

If passed, a vote in Parliament on a Conservative MP’s bill to end the long-gun registry would not represent the end of gun control in Canada. Stringent and necessary requirements will remain in place for handguns, and restricted weapons such as automatic rifles. A process that already requires gun owners to be licensed before obtaining a firearm would remain, with safety and background checks required for gun owners. Rules for safe handling and storage of guns will remain in place. What will end is the cost, the red tape and the stigmatization of the “law-abiding duck hunters and farmers,” often cited by Prime Minister Stephen Harper. In the absence of any meaningful evidence of the long-gun registry’s efficacy, the program should be ended.

I can’t possibly emphasize how unlikely an editorial like this from the Globe and Mail would have seemed just days ago. Did we enter an alternate universe with that New Zealand earthquake? Does Spock not only have a beard, but also a Mohawk and body piercings?

September 1, 2010

QotD: Tolerance Does Not Require Approval

Filed under: Liberty, Quotations, Religion — Tags: , , — Nicholas @ 09:28

Why does the First Amendment enshrine both speech and religion as things the state shall not legislate against or establish an approved version thereof? To formalize “tolerance” without requiring “approval.”

In this wise, it is possible to form a society of individuals with vastly different ideas and religions in which the liberty of all is respected by all. In essence we agree that I tolerate your worship of a moon god and you tolerate my worship of a tree. It’s “live and let live” at the most basic level. If, on the other hand, you decide that I have to make continuous noises of “approval” of the moon god in order for you to grant me the right to worship the tree god in peace, we are headed towards an argument that ends in guns.

At its most basic the American tradition is that I don’t require approval of my beliefs from you and you don’t insist on my approval of your beliefs. Regardless of what we may do, we tacitly agree not to do things which exacerbate a state of mutual disrespect. We mutually agree not to get in each others faces about these issues with acts like, oh I don’t know, building a temple to the moon god so that it casts a shadow across my cemetery. Doing so starts a process of disrespect that also tends, if history is any guide, to end in guns and fire.

Toleration does not require approval.” It really is the simplest of social compacts and like all great and simple ideas bringing in nuance and qualifiers doesn’t strengthen our common bonds as society but weakens it. This is well-known to those that seek to create a climate of continual upheaval in the mistaken belief that, in the end, the fire will not consume them. Civil war consumes all.

Gerard Vanderleun, “Tolerance Does Not Require Approval”, American Digest, 2010-08-27

August 31, 2010

The inevitable result of that crazy marijuana legalization

Filed under: Europe, Liberty, Politics — Tags: , , — Nicholas @ 07:23

Just as drug warriors have been predicting for years, the Netherlands government is paying the price for their irresponsible and dangerous legalization of drugs: they’re having to close prisons for lack of criminals to fill them with:

The Dutch government is getting ready to close eight prisons because they don’t have enough criminals to fill them. Officials attribute the shortage of prisoners to a declining crime rate.

Just for fun, let’s compare the Netherlands to California. With a population of 16.6 million, the Dutch prison population is about 12,000. With its population of 36.7 million, California should have a bit more than double the Dutch prison population. California’s actual prison population is 171,000.

So, whose drug policies are keeping the streets safer?

August 26, 2010

If you like Eminent Domain, you’ll love Montgomery’s version

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 12:02

Christina Walsh reports on an Alabama city’s even-more-tyrannical-than-eminent-domain law:

Imagine you come home from work one day to a notice on your front door that you have 45 days to demolish your house, or the city will do it for you. Oh, and you’re paying for it.

This is happening right now in Montgomery, Ala., and here is how it works: The city decides it doesn’t like your property for one reason or another, so it declares it a “public nuisance.” It mails you a notice that you have 45 days to demolish your property, at your expense, or the city will do it for you (and, of course, bill you).

Your tab with the city will constitute a lien on your property, and if you don’t pay it within 30 days (or pay your installments on time; if you owe over $10,000, you can work out a deal to pay back the city for destroying your home over a period of time, with interest), the city can sell your now-vacant land to the highest bidder.

H/T to Institute For Justice for the link.

August 25, 2010

QotD: Amnesty International decries human rights situation in . . . Canada?

Filed under: Cancon, Government, Liberty, Politics, Quotations — Tags: , , — Nicholas @ 13:34

According to some media reports, Amnesty International’s new secretary general, Salil Shetty, has accused the Canadian government of a “serious worsening” of human rights in Canada. He cited a “shrinking of democratic spaces” in Canada, and organizations that have lost their funding for asking “inconvenient questions.”

“You expect more from Canadians . . . I think there is a growing gap between the values and the track record of Canada historically and the actions of the current government, which is deeply concerning.”

It reads like a Liberal Party press release, doesn’t it?

So what, exactly, has Mr. Shetty so upset about that he’s decided to slam Canada rather than, for instance, Iran?

Why, it’s the fact that Ottawa hasn’t sought the repatriation of young Omar Khadr from his detention in Guantanamo Bay. Which is a rather curious thing to criticize, since “the values and the track record” of the previous Liberal government is entirely consistent with what the Conservatives are currently doing.

Adrian MacNair, “Canada, noted human rights pariah state”, National Post, 2010-08-25

August 24, 2010

Censors to poke noses into what Aussies can load on their iPhones?

Filed under: Australia, Law, Liberty, Technology — Tags: , , — Nicholas @ 12:16

Roger Henry sent this information to one of my mailing lists and I repost it here with his permission:

An interesting bombshell in Oz. Apple iPhones, and presumably other similar devices, have been put on notice that all, or nearly all, of the apps that people buy and install should, by law, have been submitted for “Classification” (i.e., censorship). Failure to do so is a criminal offence with penalties of some AU$35,000 per offence. Purchasing said ‘apps’ without a Classification label is also a criminal offence, punishable with jail time and/or fines. Seems that getting these ‘apps’ Classified attracts a charge varying from AU$470 to AU$2,600 so a lot of money is outstanding. With 50,000 apps already in use, the government accepts that there are some practical limitations to the matter but they aren’t going to let the matter just fade away.

This is Roger’s summary from information posted in The Australian‘s weekly IT Notes. And then, in response to a “Dude, WTF?” query:

It may well be that Apple will cease making apps available in Oz. Yes. It is known that they have their own censors. This merely compounds their culpability. What might have been an accidental oversight is now clearly a deliberate attempt to A) avoid censorship and B) defraud the government. This cannot go unpunished. As for the consumers, well, they are all probable pedophiles and identified thieves. No punishment can be too severe . . . it might take awhile but Justice will be served.

While it likely will all end in a round of dignified press releases and backslaps all ’round, there’s still the outside possibility of a highly entertaining politico-technical train wreck here. Let’s hope the wilder spirits prevail.

“One of the few thrills of working as a bylaw enforcement officer is making people cry”

Ezra Levant looks at the bylaw enforcement regime in Clarington, just east of Toronto:

It’s not a lemonade crime wave that the brave city elders of Clarington are combating. It’s the menace of backyard barbecues.

Peter Jaworski has been holding backyard barbecues at his parents’ property there for 10 years. It’s a house in the country on 40 secluded acres. Once a year, Peter invites a few dozen of his friends to spend the weekend eating his mom’s cooking and camping next to the swimming hole. I’ve been there: it’s one part family reunion, one part picnic and one part political talk.

So clearly, the Jaworski family must be stopped.

First came the health department. They poked and prodded, and even took water samples. No one has ever got sick at a Jaworski barbecue — the opposite; everyone comes for the food — but the government ordered that no home cooking would be allowed. The Jaworskis complied with these costly and ridiculous demands, catering the whole weekend and serving only bottled water, at great cost.

But bureaucrats travel in packs. A local bylaw enforcement officer waited until the barbecue itself, and marched right onto the property — no search warrant needed! — and started peppering the guests with questions.

He wasn’t a health officer; he was a bylaw officer. Yet he demanded to know what the guests had for lunch. In the name of the law!

Armed with this devastating information, the officer charged Peter’s parents with running an illegal “commercial conference centre,” which carries a fine of up to $50,000. The officer, a burly, tattooed, six-foot-something man, told Peter’s mom to “be very careful.” She burst into tears.

Why do people get this insane idea that they should be able to do what they want on their own property? If we wanted that to happen, we wouldn’t appoint bylaw officers and arm them with bylaws to quash your fun and destroy your ability to enjoy your own property!

This scourge of backyard entertainment must be defeated, and Clarington is leading the way!

August 23, 2010

QotD: Peak Culture

Filed under: Government, Liberty, Quotations, Space, Technology — Tags: , , , , , — Nicholas @ 13:47

The height of their society peaked in 1969. They used militarism and socialism to put two guys on the Moon, they trotted out their public-private partnership (Concorde) to build exclusive supersonic transport for the rich. Max Faget and some other brilliant engineers designed a space shuttle fleet of ten vehicles capable of hundreds of flights a year to make access to low Earth orbit cheap and routine. And the Advanced Research Projects Agency had some geeks create an inter-networking protocol that could survive a nuclear war.

Obviously, they shot their wad, as it were, and no longer put guys on the Moon. They no longer fly supersonic transports. Their space shuttle is going to stop flying soon, if it hasn’t already. Those geeky guys went on to develop open source cryptography, open source software, and totally private economic transactions. The future we’re creating is going to be very, dramatically different. It is going to be decentralised to a fare thee well.

Right now, today, two people anywhere in the world *can* have a totally private economic exchange that cannot be detected by anyone else. And since it cannot be detected, it cannot be regulated, it cannot be prohibited, and it cannot be taxed. Even inflation cannot tax it, if the exchange is denominated in some money like silver or gold. Which means that those who dream of ruling the world sowed the seeds of their own damnation?

Jim Davidson, “Peak Culture”, Libertarian Enterprise, 2010-08-22

August 13, 2010

QotD: Same-sex marriage in California

Filed under: Law, Liberty, Quotations, USA — Tags: , , — Nicholas @ 08:57

Me, I’m no bleeding-heart small-D democrat. But to the opponents of gay marriage, and perhaps even to unpersuaded moderates, this might seem like sharp dealing. It is one thing for the judiciary to block the will of the majority: hey, welcome to the U.S.A., tenderfoot. This, however, is a case where the judiciary may not only end up obstructing the volonté générale, but elbowing it good and hard in the vitals. Somehow, in California, a majority vote against same-sex marriage will have led directly to the near-permanent entrenchment of same-sex marriage.

Colby Cosh, “Same-sex marriage in California: the trap closes?”, Maclean’s, 2010-08-13

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