Quotulatiousness

September 18, 2009

We’ve gone far past the “let the punishment fit the crime” stage

Filed under: Law, Liberty — Tags: , , — Nicholas @ 10:27

A very disturbing post at Classically Liberal that I urge you to read:

What was once considering a normal rite of passage, typical curiosity that the newly sexualized young have about themselves, their bodies, and the bodies of others, has become a heinous crime. Not long ago a curious adolescent or child, caught exploring, or playing doctor in the back yard, was given a talking-to, sent to bed early, and warned to not do it again — a warning most heeded for at least another few years, after which time warnings were useless. Today, it has been criminalized, and criminalized in a way far exceeding crimes of violence. A youth who has sex with another youth, even if voluntary, could well face legal sentences far worse than if they had killed their friend.

The absurdity of charging a teenager with statutory rape for having sex with another teenager (and sometimes even charging each partner for victimizing the other) shouldn’t need to be discussed — it’s flat-out insane for the legal system to be involved in the vast majority of these cases. They shouldn’t even be cases!

It is literally true that a teen would be punished far less severely for murder than for consensual sexual contact with another teen. A murderer, after a trial is sentenced to a term in prision (with the possibility of parole/early release in many cases). After being released from prison, they’ve “paid their debt to society” and at least in theory can try to resume a normal life.

Someone who gets caught up in the “sexual offender” category will be punished for the rest of his or her life: once their names go on the official register, they will never, ever, be free again. They can’t work in any job that might mean contact with the general public (if they can even get hired at all). They can’t live within arbitrary distances of schools, playgrounds, or other areas where children might gather . . . which in practice means they can’t legally live anywhere.

How is this in any way proportional to the “crime”? How can this be called “justice”?

September 16, 2009

Latest brain fart from the British government

Filed under: Britain, Liberty, Technology — Tags: , — Nicholas @ 00:54

Cory Doctorow sent a Twitter message yesterday, linking to the OpenRightsGroup.org petition page:

The freedom for each and everyone of us to express our views on the internet is under threat like never before. The UK government is now considering laws that would allow individuals to be cut off from the internet. They say the reason is to protect the economic prosperity of the creative industries.

Our coalition comprises organisations, charities and people who believe disconnection from the internet would mean that people like us would be unable to engage in banking, socialising, campaigning, home admin and many other activities that are increasingly moving online. Worse, disconnection would restrict our long standing right of freedom of expression just at the time when we all need to be able to critique and engage more than ever.

If Lord Mandelson’s plan becomes law, disconnection may start for copyright infringement, with no guarantee it would not be extended for other things.

You don’t have to have much imagination to come up with lots of ways this little policy initiative could go pear-shaped very quickly. Pear-shaped, that is, for the poor folks caught up in the legal machinery. ASBOs were a terrible notion — and appear to be worse in practice than anyone thought when they were first introduced, but they’ll pale into insignificance if this horrible idea gets accepted by the government.

September 2, 2009

QotD: Section 13 violates the Charter of Rights and Freedoms

Filed under: Cancon, Law, Liberty, Quotations — Tags: , , — Nicholas @ 10:54

I have determined that Mr. Lemire contravened s. 13 of the Act in only one of the instances alleged by Mr. Warman, namely the AIDS Secrets article. However, I have also concluded that s. 13(1) in conjunction with ss. 54(1) and (1.1) are inconsistent with s. 2(b) of the Charter, which guarantees the freedom of thought, belief, opinion and expression. The restriction imposed by these provisions is not a reasonable limit within the meaning of s. 1 of the Charter. Since a formal declaration of invalidity is not a remedy available to the Tribunal (see Cuddy Chicks Ltd. V. Ontario (Labour Relations Board), [1991] 2 S.C.R. 5), I will simply refuse to apply these provisions for the purposes of the complaint against Mr. Lemire and I will not issue any remedial order against him (see Nova Scotia (Workers’ Compensation Board) v. Martin, 2003 SCC 54 at paras. 26-7).

Athanasios D. Hadjis, Canadian Human Rights Tribunal decision in Warman vs. Lemire, 2009-09-02

August 28, 2009

QotD: Trading one right for all the others

Filed under: Liberty, Quotations — Tags: , , — Nicholas @ 00:04

At some point we will come to see that the developed world’s massive expansion of personal sexual liberty has provided a useful cover for the shrivelling of almost every other kind. Free speech, property rights, economic liberty and the right to self-defence are under continuous assault by Big Government. But who cares when Big Government lets you shag anything that moves and every city in North America hosts a grand parade to celebrate your right to do so? It’s an oddly reductive notion of individual liberty. The noisier grow the novelties of our ever more banal individualism, the more the overall societal aesthetic seems drearily homogenized — like closing time in a karaoke bar with the last sad drunks bellowing off the prompter “I did it My Way!”

And in the end even the sex doesn’t do it. In the Netherlands, the most progressive nation in Europe, the land where whatever’s your bag is cool, where naked women beckon from storefront windows, a certain ennui is palpable. Last week, the ANP news agency released a poll showing that the Dutch now derive more pleasure from going to the bathroom than from sex. It wasn’t a close-run thing: eighty per cent identified a trip to the toilet as the activity “they enjoy the most” — or, as the South African newspaper the Witness put it, “The Bog’s Better Than Bonking.” To modify Eliot, this is the way the world ends, not with a bang but a flush.

Mark Steyn, “Do you notice anything shrivelling? We’ve never had more personal sexual liberty. And less freedom of almost every other kind”, Macleans, 2008-08-27

August 26, 2009

Gun-toting protests ineffective?

Filed under: Liberty, Politics — Tags: , , , — Nicholas @ 10:00

Megan McArdle points out that folks simultaneously exercising their freedom to assemble, freedom to petition for redress of grievance, and freedom to bear arms are not likely to succeed:

I think carrying guns to protests is entirely counterproductive. Indeed, I’m not sold on the general virtues of protesting, which worked for Gandhi and the civil rights marcher, but has a dismal track record on other concerns. But I think people have a perfect right to do it, including with guns, though I also think the secret service is within its rights to ensure that they don’t have a sight line on the president.

But the hysteria about them has been even more ludicrous. Numerous people claim to believe that this makes it likely, even certain, that someone will shoot at the president. This is very silly, because the president is not anywhere most of the gun-toting protesters, who have showed up at all sorts of events. It is, I suppose, more plausible to believe that they might take a shot at someone else. But not very plausible: the rate of crime associated with legal gun possession or carrying seems to be very low. Guns, it turn out, do not turn ordinary people into murderers. They make murderers more effective.

So perhaps unsurprisingly, when offered the opportunity to put some money down on the proposition that one of these firearms is soon going to be discharged at someone, they all decline.

I have to agree with Megan . . . when I saw the images of individuals attending the protests while openly carrying firearms, I thought it would have a negative effect on the undecided viewer. I’m in favour of all the freedoms: assembly, speech, bearing arms (not a freedom we enjoy in Canada, BTW), but this was an inappropriate time and place to exercise that last freedom. It makes the debate more murky, and allows people to characterize their opponents in ways totally unrelated to the issue being protested.

A political own-goal, as it were.

August 25, 2009

QotD: The Race War that Isn’t

Filed under: Liberty, Media, Quotations, USA — Tags: , — Nicholas @ 18:15

These are indeed “profoundly troubling” charges, which makes one wonder why they’re being bandied about with such flippant regard for historical plausibility.

The “jackboot” analogy, for starters, breaks down at the ankle: The footwear was favored by enforcers for totalitarian governments, not random Ron Paul supporters flashing Thomas Jefferson quotes outside political events. Weimar-era brownshirts were an organized Nazi paramilitary group perpetrating calculated violence against political opponents in a hyperinflationary, recently humiliated country that had never enjoyed liberal democracy; not a dozen-plus scattered gun nuts in one of the world’s oldest democracies peacably (if jarringly) exercising their Second Amendment rights by keeping their guns holstered (not “brandishing” them, as Rich and countless others have claimed). The last actual lynching in America, depending on who you ask, took place in 1981; the atrocious practice had been all but dead since the 1960s.

To fear the Weimarization of America, or the return of lynching, is to fundamentally lack confidence in the very real progress the United States has made over the past several decades. Conditions have improved exponentially even since the post-lynching 1980s, when I was coming of voting age. Back then there was still a politics to be had in bashing Martin Luther King, supporting apartheid South Africa, whipping up fears of black ultra-violence, and otherwise appealing openly to white resentment against blacks. It was gross, it was reckless, it led to terrible policies, and it was the reason I permanently swore off joining the Republican Party. It’s also largely an artifact of the past.

Matt Welch, “The Race War That Isn’t: Media anxieties over ‘lynch mobs’ and ‘brownshirts’ demonstrate a telling lack of faith in contemporary America”, Reason Online, 2009-08-25

Update, 27 August: Matt Welch posted a follow up to the article from which this QotD was abstracted. He writes: “The assertion that the Esquire piece was promoting the “racial-resentment” narrative was inaccurate, and I have corrected the article accordingly.”

August 22, 2009

Right wing nutbars, observed

Filed under: Health, History, Liberty, USA — Tags: , , , — Nicholas @ 08:23

P.J. O’Rourke tries to save readers the effort of reading the Washington Post coverage of recent town hall protests:

So there was Rick Perlstein calling everyone to the right of Nikita Khrushchev a candidate for the state psychiatric ward with Alec MacGillis playing his KGB Bozo sidekick, firing blanks and honking his “End-of-life care eats up a huge slice of spending” airhorn. Then, to add idiocy to insult, the Post sent Robin Givhan to observe the Americans who are taking exception to various expansions of government powers and prerogatives and to make fun of their clothes.

Givhan writes a column called “On Culture,” and this is what passes for culture at the Post: “Of the hundreds of thousands of style guides currently for sale on Amazon, not one . . . was prescient enough to outline the appropriate attire for those public occasions when good citizens decided to behave like raving lunatics and turn lawmakers into punching bags.” Meeting with Givhan’s scorn were “T-shirts, baseball caps, promotional polo shirts and sundresses with bra straps sliding down their arm.”

I’ve never seen Robin Givhan. For all I know she dolls herself up like Jackie O. But I have seen other employees of the Washington Post and — with the exception of the elegant and, I dare say, cultured, Roxanne Roberts — they look as if they got dressed in the unlit confines of a Planet Aid clothing-donation bin.

Perlstein, for all the highness of his dudgeon, doesn’t catch the nuts saying anything very nutty. The closest he gets to a lunatic quote is from a “libertarian” wearing a holstered pistol who declares that the “tree of liberty must be refreshed from time to time by the blood of tyrants and patriots.” And those are the words of lefty icon Thomas Jefferson. I myself could point out the absurdity of protestors’ concerns about government euthanasia committees. Federal bureaucracy has never moved fast enough to get to the ill and elderly before natural causes do. And what’s with those “birthers”? Why their obsession with a nonentity like Obama? How about John Adams with his Alien and Sedition Acts choke-hold on the First Amendment? Or Jefferson? He could tell his Monica Lewinsky, “I own you,” and he wasn’t kidding. Or John Quincy Adams, pulling the original Blagojevich, buying the presidency from Henry Clay? Or that backwoods Bolshevik Andrew Jackson? Or William Henry Harrison, too dumb to come in out of the rain? Not one of these scallywags was born in the United States of America — look it up.

Tweet of the day

Filed under: Liberty, Quotations, Russia — Tags: — Nicholas @ 08:06

Esther Dyson: russian pol Yavlinsky said: “Problem is not freedom of speech. Problem is freedom *after* speech.”

August 21, 2009

More on DNA as a crime-fighting tool

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

Charles Stross looks at the situation in Britain:

NDNAD, the UK’s National DNA Database, run by the Forensic Science Service under contract to the Home Office contains DNA “fingerprints” for lots of folk — 5.2% of the population as of 2005, or 3.1 million people. Some of them are criminals; some of them are clearly innocent, but were either charged with a crime and subsequently found not guilty, or had the misfortune to be detained but not subsequently charged (that is: they’re not even suspects). The Home Office takes a rather draconian view of the database’s utility, and objects strenuously to attempts to remove the records of innocent people from it — it took threats of legal action before they agreed to remove the parliamentary Conservative Party’s Immigration spokesman from the database (which he’d been added to in the course of a fruitless investigation into leaked documents that had embarrased the government) — so if senior opposition politicians have problems with it, consider the prospects for the rest of us.

In use …

Whenever a new profile is submitted, the NDNAD’s records are automatically searched for matches (hits) between individuals and unsolved crime-stain records and unsolved crime-stain to unsolved crime-stain records — linking both individuals to crimes and crimes to crimes. Matches between individuals only are reported separately for investigation as to whether one is an alias of the other. Any NDNAD hits obtained are reported directly to the police force which submitted the sample for analysis.

Now, this in itself is merely a steaming turd in the punchbowl of the right to privacy: but its use as a policing intelligence tool is indisputable. While there are some very good reasons for condemning the way it’s currently used (for example, its use in the UK has sparked accusations of racism), I can’t really see any future government forgoing such a tool completely; a DNA database of some kind is too useful. So what interests me here is the potential for future catastrophic failure modes.

Now that we’re pretty certain that DNA evidence can be easily faked, the focus of how it can be used in investigations must shift from “presence proving guilt” to “absence implying innocence”.

August 18, 2009

This is very much an unwelcome technical discovery

Filed under: Law, Liberty, Technology — Tags: , , , — Nicholas @ 00:04

DNA evidence can be created to match a known profile:

Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.

The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.

“You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”

H/T to Radley Balko.

August 16, 2009

QotD: “What does either party stand for these days?”

Filed under: Government, Liberty, Politics, Quotations, USA — Tags: , — Nicholas @ 12:39

Republican politicians, with their endless scandals, are hardly exemplars of traditional moral values. Nor have they generated new ideas for healthcare, except for medical savings accounts, which would be pathetically inadequate in a major crisis for anyone earning at or below a median income.

And what do Democrats stand for, if they are so ready to defame concerned citizens as the “mob” — a word betraying a Marie Antoinette delusion of superiority to ordinary mortals. I thought my party was populist, attentive to the needs and wishes of those outside the power structure. And as a product of the 1960s, I thought the Democratic party was passionately committed to freedom of thought and speech.

But somehow liberals have drifted into a strange servility toward big government, which they revere as a godlike foster father-mother who can dispense all bounty and magically heal all ills. The ethical collapse of the left was nowhere more evident than in the near total silence of liberal media and Web sites at the Obama administration’s outrageous solicitation to private citizens to report unacceptable “casual conversations” to the White House. If Republicans had done this, there would have been an angry explosion by Democrats from coast to coast. I was stunned at the failure of liberals to see the blatant totalitarianism in this incident, which the president should have immediately denounced. His failure to do so implicates him in it.

As a libertarian and refugee from the authoritarian Roman Catholic church of my youth, I simply do not understand the drift of my party toward a soulless collectivism.

Camille Paglia, “Obama’s healthcare horror: Heads should roll — beginning with Nancy Pelosi’s!”, Salon.com, 2009-08-12

August 14, 2009

EFF slaps Burning Man around over “creative lawyering”

Filed under: Law, Liberty, Media — Tags: , — Nicholas @ 13:01

The annual Burning Man event has a reputation for quiet (and sometimes not-so-quiet) anarchy, but this year the event organizers are attempting a quick legal coup:

In a few weeks, tens of thousands of creative people will make their yearly pilgrimage to Nevada’s Black Rock desert for Burning Man, an annual art event and temporary community celebrating radical self expression, self-reliance, creativity and freedom. Most have the entirely reasonable expectation that they will own and control what is likely the largest number of creative works generated on the Playa: the photos they take to document their creations and experiences.

That’s because they haven’t read the Burning Man Terms and Conditions.

Those Terms and Conditions include a remarkable bit of legal sleight-of-hand: as soon as “any third party displays or disseminates” your photos or videos in a manner that the Burning Man Organization (BMO) doesn’t like, those photos or videos become the property of the BMO. This “we automatically own all your stuff” magic appears to be creative lawyering intended to allow the BMO to use the streamlined “notice and takedown” process enshrined in the Digital Millennium Copyright Act (DMCA) to quickly remove photos from the Internet.

It’s not particularly anarchic to use one of the most restrictive pieces of post-modern fascism legislation to attempt to control the way event attendees use their photographs and video footage.

August 11, 2009

So much for the right to not self-incriminate

Filed under: Britain, Law, Liberty — Tags: , , — Nicholas @ 12:24

The headline really does tell the story: Two convicted for refusal to decrypt data: Up to five years in jail after landmark prosecutions. You will provide the key, citizen . . . or you’ll do hard time:

Two people have been successfully prosecuted for refusing to provide authorities with their encryption keys, resulting in landmark convictions that may have carried jail sentences of up to five years.

The government said today it does not know their fate.

The power to force people to unscramble their data was granted to authorities in October 2007. Between 1 April, 2008 and 31 March this year the first two convictions were obtained.

The disclosure was made by Sir Christopher Rose, the government’s Chief Surveillance Commissioner, in his recent annual report.

The former High Court judge did not provide details of the crimes being investigated in the case of the individuals &mash; who were not necessarily suspects — nor of the sentences they received.

August 4, 2009

Libertarian paradise

Filed under: Africa, Humour, Liberty — Tags: , , , — Nicholas @ 12:25

Just in case you think that anarchy is great, here’s visual evidence to back up your theories:

July 31, 2009

QotD: It’s the institutions, not the people

Filed under: Liberty, Quotations, USA — Tags: , — Nicholas @ 12:16

But after you put down the peace pipe, a legitimate and important difference remains. It’s structural, and cultural, and (over the past four decades of relentless Drug Warring and Constitution-eroding), judicial as well. There is a strain in law enforcement, backed by various vague statutes, thousands of politicians, and everyone who tends to side with authority against an obnoxious popoff, in which it’s considered perfectly acceptable form to arrest, detain, or otherwise punish a non-threatening person for being an asshole. This includes the perceived assholery of yelling about one’s real (and sometimes imagined) trampled rights. If a person is considered undesirable by a police officer, for whatever reason, it’s far too easy to ruin his day, even if no law has remotely been broken. And as Balko has led the world in documenting, the literal militarization of domestic police forces, combined with awful Drug War-related enforcement, has caused grave injustice and the death of innocents.

The past two weeks has been a conversation about race, I guess (I tend to tune out such things pretty quickly, being a privileged white male and all). It’s always appropriate to point out, as in the Drug War in general, that disfavored minority groups (whether defined by skin color, class, lifestyle choice, politics, or whatever) will take a disproportionate brunt of abused power. But thankfully in modern America, when we peel back the general stereotype to the specific individual, most people (least I don’t think) aren’t racists and aren’t assholes. It may take two weeks to make that realization, or two decades, but after that you’re left with the underlying structural problem, one that might be even harder to dislodge. The pendulum of law enforcement in this country, as relates to the individual citizen, has for far too long swung in the same Constitution/individual-disrespecting direction.

Matt Welch, “‘When he’s not arresting you, Sergeant Crowley is a really likable guy'”, Hit and Run, 2009-07-31

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