Quotulatiousness

November 13, 2013

The NFL “closed shop”

Filed under: Business, Football, Law, Liberty — Tags: , , , , — Nicholas @ 10:35

In Reason, S.M. Oliva discusses how the NFL’s exemption from normal labour regulations makes it difficult to assess the rights and wrongs in the Miami Dolphins “bullying” situation:

Many libertarians see nothing wrong with the NFL’s labor system. Even in a pure free market, employers and unions could enter into “closed shop” agreements like the NFL’s CBA. But as we all know, professional sports hardly exist in a free market. The NFLPA itself holds a government-sanctioned monopoly over all current and future NFL players. Indeed, Martin was not even a union member when the NFLPA signed the current CBA in 2011.

More importantly, in a free market any closed shop would face competition from new entrants seeking to exploit the incumbent’s labor restrictions. There’s little risk of that with the NFL given that most of its infrastructure is subsidized by government. This includes not just stadiums built with billions in taxpayer financing, but also player development, as most NFL players are the product of college football programs subsidized by state-run universities.

There’s also the perverse incentives created by federal antitrust law. The collective bargaining process creates an exemption from antitrust law. Without that exemption, most NFL labor policies, such as the draft, would be deemed illegal. Now, that’s hardly a libertarian outcome. But consider the NFL’s position. The more rules and restrictions they can stuff into the CBA, the lower the risk of future antitrust lawsuits. Thus, the exemption encourages the NFL (and the NFLPA) to centralize as much of its labor policy as possible.

That means there’s little motive to experiment with more flexible labor policies. Individual teams can’t offer employee incentives or enforce discipline in any way that conflicts with the CBA. When there are workplace disputes like the Dolphins situation, the bureaucracy acts not to “protect” employees, but to ensure nothing disturbs the government-granted authority of the league and its monopoly labor union.

The end of the ASBO … and the start of something worse

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

In sp!ked, Patrick Hayes talks about the new social control mechanism being introduced to replace the notorious ASBO, the Injunction to Prevent Nuisance and Annoyance:

It sounds like a joke, but IPNAs — introduced in Clause 1 of the Anti-Social Behaviour, Crime and Policing Bill, which received its second reading in the House of Lords last week — really do seem quite easy to enforce. Indeed, they make their predecessors, New Labour’s notorious Anti-Social Behaviour Orders (ASBOs), seem like a level-headed intervention into community life in comparison.

The bill says that in order for an IPNA to be granted, a court needs to be satisfied ‘on the balance of probabilities that the respondent has engaged or threatens to engage in conduct capable of causing nuisance or annoyance to any person’. Once satisfied, the court can issue an IPNA in order ‘to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour’.

It seems that for the Lib-Con coalition government, the problem with ASBOs was not that they circumvented the normal exercise of law by dishing out behaviour-controlling orders to people who hadn’t actually committed any crime, but rather that they only covered behaviour that might cause ‘harassment, alarm or distress’. So it has introduced IPNAs, which cover everyday nuisance and annoying behaviour, too. In fact, you don’t actually have to be annoying to get an IPNA — even the threat of behaving annoyingly can earn you one of these orders that do not require criminal-law standards of proof and can instead be handed out, to anyone over 10, at a court’s convenience. If you flout an IPNA, you face up to three months in prison.

November 12, 2013

Contacting the Boston Police public affairs office is now considered “intimidation”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:34

At Popehat, Ken White discusses the fascinating case of the public affairs office of the Boston Police department as a “victim” of “intimidation” from callers:

The story begins typically for Photography Is Not A Crime with a story about a Boston Police Department sergeant thuggishly assaulting a photographer recording a traffic stop. A PINAC fan and journalism student named Taylor Hardy called the Boston PD’s Bureau of Public Information on its public line to ask about the story. Hardy spoke with Angelene Richardson, a spokesperson for the Boston Police Department who provides information to the media and public. When Hardy published a recording of that call, the Boston Police Department arranged for him to be charged with wiretapping. Hardy claims that he informed Richardson that he was recording the call (though he did not successfully record that part of the conversation), apparently Richardson claims that he did not.

Even assuming that Hardy didn’t disclose that he was recording (and it would be foolish to take the BPD’s word on that), it’s very dubious policy for the government to charge a citizen with a crime for recording a call with a police department’s public information officer on the phone line the department identifies as its public information line. Any such communication can’t possibly be regarded as private. There may be constitutional problems with a wiretapping statute that allows prosecution of a citizen under those circumstances. But the BPP wasn’t done doubling down yet.

When Carlos Miller wrote about the wiretapping charges against Hardy, he encouraged readers to contact Richardson at her BDP telephone number and email address, which the BPD published online:

    Maybe we can call or email Richardson to persuade her to drop the charges against Hardy considering she should assume all her conversations with reporters are on the record unless otherwise stated.

In other words, Miller encouraged his readers to petition the government for a redress of grievances, as protected by the First Amendment.

The BPD has charged Miller with witness intimidation. The BPD also threatened any of Miller’s readers who contact the BPD:

    Detective Nick Moore also assured me he would do the same to any PINAC readers if they continue to contact departmental spokeswoman Angelene Richardson as they have been doing since yesterday.

    “I can go and get warrants for every person who called her,” he said during a telephone conversation earlier this evening. “It’s an annoyance. It’s an act of intimidation.”

Indeed — an act of intimidation is involved. But it’s an act of intimidation by the BPD, which is sending a clear message about how it will handle citizen dissent.

What a accomplishment: the Boston Police Department has discovered a way to make it a crime for citizens to contact the person it designates to talk to citizens.

November 7, 2013

Some guidelines on not getting arrested

Filed under: Books, Law, Liberty, USA — Tags: , , — Nicholas @ 09:51

In The Atlantic, Mike Riggs pulls some potentially useful advice from a book by a former FBI and police officer:

Dale Carson is a defense attorney in Jacksonville, Florida, as well as an alumnus of the Miami-Dade Police Department and the FBI. So he knows a thing or two about how cops determine who to hassle, and what all of us can do to not be one of those people. Carson has distilled his tips into a book titled Arrest-Proof Yourself, now in its second edition. It is a legitimately scary book — 369 pages of insight on the many ways police officers profile and harass the people on their beat in an effort to rack up as many arrests as possible.

“Law enforcement officers now are part of the revenue gathering system,” Carson tells me in a phone interview. “The ranks of cops are young and competitive, they’re in competition with one another and intra-departmentally. It becomes a game. Policing isn’t about keeping streets safe, it’s about statistical success. The question for them is, Who can put the most people in jail?”

Which would make the question for you and me, how can we stay out of jail? Carson’s book does a pretty good job of explaining — in frank language — how to beat a system that’s increasingly predatory.

[…]

If police want to hassle you, they’re going to, even if you’re following the above tips as closely as possible. What then? Every interaction with a police officer entails to contests: One for “psychological dominance” and one for “custody of your body.” Carson advises giving in on the first contest in order to win the second. Is that belittling? Of course. “Being questioned by police is insulting,” Carson writes. “It is, however, less insulting than being arrested. What I’m advising you to do when questioned by police is pocket the insult. This is difficult and emotionally painful.”

Winning the psychological battle requires you to be honest with cops, polite, respectful, and resistant to incitement. “If cops lean into your space and blast you with coffee-and-stale-donut breath, ignore it,” Carson writes. Same goes for if they poke you in the chest or use racial slurs. “If you react, you’ll get busted.” Make eye contact, but don’t smile. “Cops don’t like smiles.” Always tell the truth. “Lying is complicated, telling the truth is simple.”

November 4, 2013

Living in a Surveillance State: Mikko Hypponen at TEDxBrussels

Filed under: Liberty, Technology, USA — Tags: , , , , — Nicholas @ 00:01

October 30, 2013

The “Libertarian Moment” – or small government’s latest 15 minutes of fame

Filed under: Liberty, Politics, USA — Tags: , , — Nicholas @ 08:34

In Time, Nick Gillespie says that if “everyone from The Washington Post to NPR to The Atlantic are talking about some variation on ‘America’s Libertarian Moment,’ attention must be paid”.

The American Values Survey is based on responses gathered in late September and early October from a representative group of about 2,300 adults. The researchers used answers to questions about national security, economics, and “personal liberty” to create a “Libertarian Orientation Scale.” By such measures, 7 percent of Americans are “consistent libertarians” and another 15 percent “lean libertarian,” meaning they oppose increased government spending on things such as military operations and domestic surveillance, raising the minimum wage, and environmental regulations.

Such fiscal conservativism is matched by social liberalism, with libertarians in favor of legalizing marijuana, protecting abortion rights, allowing doctors to prescribe life-ending drugs, and keeping the Internet unregulated. Libertarians are much more likely than most Americans to be male, white, and under 50 years old. They are also far less likely than most Americans to be religious and to think that religion has a place in politics. This puts them at odds with “other key Republican base groups” such as the Tea Party movement and white evangelical Protestants.

As befits people who put a high value on individualism, libertarians don’t fit easily into existing political categories even as they are far more likely to pay close attention to politics than the average American (56 percent of libertarians versus just 38 percent) and to always vote in primary elections. “The Libertarian Orientation Scale and traditional measures of political ideology that run along a liberal-conservative axis are only weakly correlated,” according to the survey.

That means that the 22 percent of Americans who are consistent libertarians or lean libertarian are fully capable of throwing any election in their direction. That makes them the true wild cards of American politics. A majority of libertarians describe themselves as independent (35 percent), affiliated with a third party (15 percent), or as Democrats (5 percent), with the remaining 45 percent calling themselves Republicans.

October 28, 2013

Reason.tv – What We Saw At The Anti-NSA “Stop Watching Us” Rally

Filed under: Government, Liberty, USA — Tags: , , , , , — Nicholas @ 09:59

On October 26, 2013, protesters from across the political spectrum gathered in Washington, D.C. to take part in the Stop Watching Us rally, a demonstration against the National Security Agency’s domestic and international surveillance programs.

Reason TV spoke with protesters — including 2012 Libertarian Party presidential candidate Gary Johnson and former Congressman Dennis Kucinich — to discuss the rally, why people should worry about the erosion of privacy, and President Barack Obama’s role in the growth of the surveillance state.

Correction: Laura Murphy, Director of the ACLU Washington Legislative Office, was incorrectly identified as Susan N. Herman, ACLU President.

Produced by Joshua Swain, interviews by Todd Krainin.

October 27, 2013

Good news – we’re not in 1984; Bad news – we’re in Brave New World instead

Filed under: Books, Liberty, Media, Quotations, USA — Tags: , — Nicholas @ 00:01

I’ve already quoted from this week’s edition of Jonah Goldberg’s The Goldberg File email, but I quite liked this passage as well:

The bad news is that we don’t feel that way — anymore — about softer, more diffuse and bureaucratic forms of tyranny. Every American is taught from grade school up that they should fear living in the world of Orwell’s 1984. Few Americans can tell you why we shouldn’t live in Huxley’s Brave New World. We’ve got the dogmatic muscle and rhetorical sinew to repel militarism, but we’re intellectually flabby when it comes to rejecting statist maternalism. We hate hearing “Because I said so!” But we’re increasingly powerless against, “It’s for your own good!”

(Sadly, the surest route to the 1984-ification of America is to embrace Brave New Worldism. Once you’ve created a society of men without chests — in C. S. Lewis’s phrase — you’ve created a society ripe for a father-figure to make all of the decisions).

For instance, when the national-security types intrude on our privacy or civil liberties, even theoretically, all of the “responsible” voices in the media and academia wig out. But when Obamacare poses a vastly more intrusive and real threat to our privacy, the same people yawn and roll their eyes at anyone who complains. If the District of Columbia justified its omnipresent traffic cameras as an attempt to keep tabs on dissidents, they’d be torn down in a heartbeat by mobs of civil libertarians. But when justified on the grounds of public safety (or revenue for social services or as a way to make driving cars more difficult), well, that’s different.

And it is different. Motives matter. But at the same time, I do wish we looked a bit more like the America Edmund Burke once described:

    In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance; [In America] they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance; and snuff the approach of tyranny in every tainted breeze.

October 26, 2013

The costs of drug prohibition – “Molly”

Filed under: Health, Law, Liberty, USA — Tags: , , — Nicholas @ 10:16

Jacob Sullum on Frank Owen and Lera Gavin’s search for “Molly” (MDMA powder in capsule form):

Last year in Playboy, Frank Owen skillfully dissected the Legend of the Causeway Cannibal, explaining how people around the world came to believe that the synthetic stimulants known as “bath salts” caused one man to eat another’s face, even though it turned out that the assailant had not actually consumed any of those drugs. In a new Playboy article, Owen and his wife, Lera Gavin, go “Chasing Molly,” searching high and low for some decent MDMA sold under its latest brand name. Spoiler alert: They fail.

[…]

It looks like many people who report MDMA-like experiences of openness and connectedness after consuming molly are providing further evidence of the powerful impact that “set and setting” (expectations and environment) have on a drug’s perceived effects. Yet this interesting experiment drug warriors have set up has a cost: not just disappointment but potentially deadly hazards for consumers who get something different from what they thought they were buying, as tends to happen in a black market.

Prohibition not only makes drugs more dangerous by creating a situation where people are swallowing iffy pills and snorting mystery powders; it blocks attempts to ameliorate those hazards. Owen and Gavin note that music festivals such as Electric Zoo, which this year was cut short after two drug-related deaths, “refuse to allow organizations such as Dance-Safe to test molly on-site because organizers fear they will be accused of condoning drug use.” Such accusations can trigger serious legal consequences, including forfeiture and criminal prosecution.

October 11, 2013

Creating an “air gap” for computer security

Filed under: Liberty, Technology — Tags: , , , , — Nicholas @ 12:13

Bruce Schneier explains why you’d want to do this … and how much of a pain it can be to set up and work with:

Since I started working with Snowden’s documents, I have been using a number of tools to try to stay secure from the NSA. The advice I shared included using Tor, preferring certain cryptography over others, and using public-domain encryption wherever possible.

I also recommended using an air gap, which physically isolates a computer or local network of computers from the Internet. (The name comes from the literal gap of air between the computer and the Internet; the word predates wireless networks.)

But this is more complicated than it sounds, and requires explanation.

Since we know that computers connected to the Internet are vulnerable to outside hacking, an air gap should protect against those attacks. There are a lot of systems that use — or should use — air gaps: classified military networks, nuclear power plant controls, medical equipment, avionics, and so on.

Osama Bin Laden used one. I hope human rights organizations in repressive countries are doing the same.

Air gaps might be conceptually simple, but they’re hard to maintain in practice. The truth is that nobody wants a computer that never receives files from the Internet and never sends files out into the Internet. What they want is a computer that’s not directly connected to the Internet, albeit with some secure way of moving files on and off.

He also provides a list of ten rules (or recommendations, I guess) you should follow if you want to set up an air-gapped machine of your own.

October 6, 2013

Reason.tv – Why More People Identify as Libertarian

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

“We’ve noticed in the last fifteen months an uptick in the number of people who are actually self identifying as libertarian,” says Freedomworks’ David Kirby.

Kirby sat down with Reason magazine’s Editor-in-Chief Matt Welch to talk about why more people describe themselves as libertarian, how politicians like Senator Rand Paul and Congressman Justin Amash have come to think of themselves as libertarian and whether Glenn Beck calling himself libertarian is a good thing.

October 4, 2013

John Lanchester on the Guardian‘s GCHQ files

Filed under: Britain, Government, Liberty, Media — Tags: , , , , , — Nicholas @ 07:44

Novelist John Lanchester was invited to look at the trove of files the Guardian received from Edward Snowden:

In August, the editor of the Guardian rang me up and asked if I would spend a week in New York, reading the GCHQ files whose UK copy the Guardian was forced to destroy. His suggestion was that it might be worthwhile to look at the material not from a perspective of making news but from that of a novelist with an interest in the way we live now.

I took Alan Rusbridger up on his invitation, after an initial reluctance that was based on two main reasons. The first of them was that I don’t share the instinctive sense felt by many on the left that it is always wrong for states to have secrets. I’d put it more strongly than that: democratic states need spies.

And all’s well in the world and we’re worried over nothing?

My week spent reading things that were never meant to be read by outsiders was, from this point of view, largely reassuring. Most of what GCHQ does is exactly the kind of thing we all want it to do. It takes an interest in places such as the Horn of Africa, Iran, and North Korea; it takes an interest in energy security, nuclear proliferation, and in state-sponsored computer hacking.

There doesn’t seem to be much in the documents about serious crime, for which GCHQ has a surveillance mandate, but it seems that much of this activity is covered by warrants that belong to other branches of the security apparatus. Most of this surveillance is individually targeted: it concerns specific individuals and specific acts (or intentions to act), and as such, it is not the threat.

Few people are saying we don’t need intelligence-gathering organizations like GCHQ, but we do have a right to be concerned about what they are doing when they’re not watching actual, known threats. They have capabilities that we generally thought were just from the pages of James Bond novels or Tom Clancy thrillers … and they use them all the time, not just for keeping tabs on the “bad guys”.

In the case of modern signals intelligence, this is no longer true. Life has changed. It has changed because of the centrality of computers and digital activity to every aspect of modern living. Digital life is central to work: many of us, perhaps most of us, spend most of our working day using a computer. Digital life is central to our leisure: a huge portion of our discretionary activity has a digital component, even things which look like they are irreducibly un-digital, from cycling to cooking.

[…]

As for our relationships and family lives, that has, especially for younger people, become a digital-first activity. Take away Facebook and Twitter, instant messaging and Skype and YouTube, and then — it’s hard to imagine, but try — take away the mobile phone, and see the yawning gap where all human interaction used to take place. About the only time we don’t use computers is when we’re asleep — that’s unless we have a gadget that tracks our sleep, or monitors our house temperature, or our burglar alarm, or whatever.

This is the central point about what our spies and security services can now do. They can, for the first time, monitor everything about us, and they can do so with a few clicks of a mouse and — to placate the lawyers — a drop-down menu of justifications.

Looking at the GCHQ papers, it is clear that there is an ambition to get access to everything digital. That’s what engineers do: they seek new capabilities. When it applies to the people who wish us harm, that’s fair enough. Take a hypothetical, but maybe not unthinkable, ability to eavesdrop on any room via an electrical socket. From the GCHQ engineers’ point of view, they would do that if they could. And there are a few people out there on whom it would be useful to be able to eavesdrop via an electrical socket. But the price of doing so would be a society that really did have total surveillance. Would it be worth it? Is the risk worth the intrusion?

That example might sound far-fetched, but trust me, it isn’t quite as far fetched as all that, and the basic intention on the part of the GCHQ engineers — to get everything — is there.

October 1, 2013

QotD: The Sisters of Perpetual Grievance

Filed under: Liberty, Media, Politics, Quotations — Tags: , , , — Nicholas @ 00:01

I am convinced that if feminism is to have a positive future, it must reinvent itself as a gender equity movement advocating for both sexes and against all sexism. Focusing solely on female disadvantage was perfectly understandable when, whatever paternalistic benefits women might have enjoyed and whatever burdens men might have suffered, women were the ones lacking the basic rights of adult citizens. But today, there is simply no moral or rational justification for any fair-minded feminist to ignore (for instance) the more lenient treatment of female offenders in the justice system or the anti-father biases in family courts. The concept of feminism as equality of the sexes is increasingly on a collision course with feminism as a movement championing women.

In its present form — as a secular cult that should call itself the Sisters of Perpetual Grievance — feminism is far more a part of the problem than part of the solution. It clings to women’s wrongs and turns women’s rights into narcissistic entitlement. It is far too easily prone to bashing men while painting women as insultingly helpless and downplaying their human capacity for cruelty. (The notion that abuse and dominance would not exist without patriarchy is not only naively utopian but utterly sexist.) It is also deeply irrelevant to most women, only five percent of whom consider themselves “strong feminists” even though 82 percent believe that men and women should be social, political, and economic equals.

Of course the patriarchy — at least here in the West — is dead. Whether feminism deserves to survive it is up to the feminists.

Cathy Young, “Is The Patriarchy Dead?”, Reason, 2013-09-29

September 25, 2013

QotD: “Liberaltarianism”

Filed under: Liberty, Politics, Quotations, USA — Tags: , , , , — Nicholas @ 00:01

Oh, so anyway, another peeve of mine is the way liberals — and many libertarians — act as if there’s a lot of common cause between liberals and libertarians. The thinking seems to be that since both liberals and libertarians are for drug legalization, gay marriage, etc., that liberals can be seduced to the libertarian cause or that libertarians and liberals should forge a new “liberaltarian” political alliance to replace the old right-leaning fusionism. This was my friend Brink Lindsey’s big cause for a while, and I never bought it. It’s also something you hear from a lot of liberal college kids who want a wee bit more plausibility when they pose as rebellious.

But the truth is that what we call liberals today — a.k.a. progressives — simply aren’t libertarian even on most of their “libertarian” issues. As I’ve written before, being a “social liberal” isn’t the same thing as being a libertarian:

Your typical liberal Democrat says she’s liberal on social issues but that doesn’t make her in any meaningful way a libertarian. For instance, the vast majority of the libertarians I know hate things like speech codes, smoking bans, racial quotas, and the vast swaths of political indoctrination that pass for “education” today. They tend to oppose gun control, think fondly of homeschooling (if not always homeschoolers) and are generally split on the question of abortion. They do not, however, think that the government should be steamrolling religious institutions with Obamacare or subsidizing birth control. Liberals tend to loathe federalism or states’ rights (though there’s been some movement there), libertarians usually love the idea. The liberals who don’t like it fear that states or local communities might use their autonomy to live in ways liberals don’t approve of. Libertarians couldn’t care less.

Sure, there’s overlap between liberalism and libertarianism on things like gay marriage. But the philosophical route libertarians and liberals take to get to that support is usually very different. Libertarians are disciples of thinkers like Hayek and von Mises. Liberals descend from thinkers like John Dewey. The former believed in negative liberty, the latter positive liberty. And therein lies all of the difference. As a gross generalization, libertarianism advocates freedom to do whatever you like (short of harming others). Liberalism supports freedom to do whatever liberals like; everything else is suspect.

[…]

That’s because libertarianism is about curbing state power to let people be and do what they want. Liberalism is about using state power to make people do and be what liberals want. And that makes all the difference in the world.

Jonah Goldberg, The Goldberg File, 2013-08-23

September 21, 2013

QotD: True liberalism

Filed under: Britain, Government, History, Liberty, Quotations — Tags: , — Nicholas @ 00:01

The function of Liberalism in the past was that of putting a limit to the powers of kings. The function of true Liberalism in the future will be that of putting a limit to the powers of Parliament.

Herbert Spencer, The Man Versus the State, 1884.

« Newer Posts — Older Posts »

Powered by WordPress