Quotulatiousness

July 28, 2013

Snowden is not the story

Filed under: Liberty, Media, Technology — Tags: , , , , — Nicholas @ 10:16

In the Observer, John Naughton makes a few corrections to the way the media is reporting the saga of Edward Snowden and his revelations about the NSA’s global surveillance operations:

Repeat after me: Edward Snowden is not the story. The story is what he has revealed about the hidden wiring of our networked world. This insight seems to have escaped most of the world’s mainstream media, for reasons that escape me but would not have surprised Evelyn Waugh, whose contempt for journalists was one of his few endearing characteristics. The obvious explanations are: incorrigible ignorance; the imperative to personalise stories; or gullibility in swallowing US government spin, which brands Snowden as a spy rather than a whistleblower.

In a way, it doesn’t matter why the media lost the scent. What matters is that they did. So as a public service, let us summarise what Snowden has achieved thus far.

Without him, we would not know how the National Security Agency (NSA) had been able to access the emails, Facebook accounts and videos of citizens across the world; or how it had secretly acquired the phone records of millions of Americans; or how, through a secret court, it has been able to bend nine US internet companies to its demands for access to their users’ data.

Similarly, without Snowden, we would not be debating whether the US government should have turned surveillance into a huge, privatised business, offering data-mining contracts to private contractors such as Booz Allen Hamilton and, in the process, high-level security clearance to thousands of people who shouldn’t have it. Nor would there be — finally — a serious debate between Europe (excluding the UK, which in these matters is just an overseas franchise of the US) and the United States about where the proper balance between freedom and security lies.

These are pretty significant outcomes and they’re just the first-order consequences of Snowden’s activities. As far as most of our mass media are concerned, though, they have gone largely unremarked. Instead, we have been fed a constant stream of journalistic pap — speculation about Snowden’s travel plans, asylum requests, state of mind, physical appearance, etc. The “human interest” angle has trumped the real story, which is what the NSA revelations tell us about how our networked world actually works and the direction in which it is heading.

July 25, 2013

Misappropriation of William Lyon Mackenzie

Filed under: Cancon, History, Liberty — Tags: , , , — Nicholas @ 09:22

Richard Anderson on a recent attempt to “re-imagine” the real William Lyon Mackenzie:

Flag of the Republic of Canada 1837It seems unlikely that William Lyon Mackenzie was the chillin’ sort of dude. In fact he was a notorious hot-head. Nor was he fond of big government. During his brief and ill-starred rebellion Mackenzie actually had a flag made up with the word LIBERTY written on it. He was a libertarian avant la lettre and would likely be utterly horrified at the size and scope of modern municipal government. For a public sector union to appropriate him as a sort of mascot for “public service” is chutzpah at its finest.

One of the many things that rankled Mackenzie, he was inclined to react strongly to injustice, was tightly knit oligarchies who use government power to fleece the ordinary citizen. In his day they called it the Family Compact. Today we might call it the Liberal-NDP-Government Union Axis. Not as catchy, but again I’m not WLM. I’m omitting the provincial Tories as their haplessness renders them more amusing than contemptible at the moment.

[…]

I haven’t the slightest clue as to Mackenzie’s views on diversity, the Upper Canada of his day was as white as a lily. From the records that have come down to us he seems to have been a fairly enlightened man. What he would have made of Toronto’s demographics we can only guess at. We are on more certain ground as to government providing “assistance to its elderly, infirm and financially disadvantaged.” Mackenzie would almost certainly have opposed government involving itself in such essentially private matters. Those incapable of fending for themselves were the responsibility of the churches, private charities and of last resort the municipal government. Relief for the poor was remarkably stingy both from necessity and principle.

The solution to “poverty” in early Victorian Canada was typically an axe and a few acres of land. There is little indication in the historical record that the rebel of 1837 was some kind of proto-socialist. That CUPE is implying as much is disgraceful.

July 24, 2013

Anti-porn UK MP gets hacked, threatens reporter who publicized the hack

Filed under: Britain, Liberty, Media, Politics — Tags: , , , , , — Nicholas @ 11:13

Apparently British Conservative MP Claire Perry doesn’t know a lot about the way the internet works, despite being described as an “architect” for David Cameron’s proposed porn blocker:

UK MP Claire Perry hacked

Claire Perry is the UK Tory MP who architected David Cameron’s idiotic national porno firewall plan. Her website was hacked and defaced with pornographic gross-out/shock images. When Guido Fawkes, a reporter and blogger, wrote about it on his website, Perry took to Twitter to accuse him of “sponsoring” the hack, and publicly announced that she would be speaking to his editor at the Sun (Fawkes has a column with the tabloid) to punish him for writing about her embarrassment.

Perry is so technologically illiterate that she can’t tell the difference between writing about someone hacking your website and hacking itself. No wonder she’s credulous enough to believe the magic-beans-peddlers who promise her that they’ll keep porn off the British Internet — a feat that neither the Chinese nor the Iranian governments have managed.

July 23, 2013

The rights of the mentally handicapped

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 08:35

In the Washington Post, Theresa Vargas covers the struggles of Margaret Jean “Jenny” Hatch, who is fighting a court case to be allowed to take greater control of her own fate.

It wasn’t her turn to talk, but early on during a hearing that will determine the limits of her independence, Margaret Jean Hatch stood up in a Newport News courtroom and cut the judge off in mid-sentence.

“I don’t need guardianship,” she declared. “I don’t want it.”

“Remove her from the courtroom,” the judge demanded.

“Judge, she’s very upset with this,” the woman’s attorney began.

“Don’t do it,” Hatch pleaded.

Hatch, a diminutive blonde known as “Jenny,” learned to read at the age of 6, has volunteered on political campaigns (always for Republicans) and once, after finding a job she wanted, showed up repeatedly until she got it. She also has Down syndrome, an IQ of 52 and tends to shower affection on strangers as well as friends.

The details of Jenny Hatch’s life have come under scrutiny in a complicated guardianship case that is pitting her wishes against those of her parents and testing the rights of adults with disabilities to choose how they live. The 29-year-old wants to move in with friends and continue the life she had, working at a thrift shop and riding her bike everywhere. Her parents want her to remain in a group home, supervised and protected.

H/T to Tyler Cowen, who writes:

On the basis of what I can glean from this article, I vote for Jenny […]

This is a much-neglected issue, and not just for Down Syndrome individuals. At a time when Edward Snowden, drones, and Gitmo are leading many people to reexamine many civil liberties issues, this one ought to be put on the table as well. It needs its Radley Balko. Ask yourself a simple question: if you don’t require guardianship, and yet have been placed under the legal guardianship of another, practically speaking how strong are your rights? What chances of amendment or redress do you really have and in the meantime how can you represent yourself?

Update, 6 August: The Washington Post reports on the outcome of the case.

In a victory for the rights of adults with disabilities, a judge declared Friday that a 29-year-old woman with Down syndrome can live the life she wants, rejecting a guardianship request from her parents that would have allowed them to keep her in a group home against her will.

The ruling thrilled Jenny Hatch and her supporters, who included some of the country’s most prominent disability advocates.

“Oh my God,” Hatch said over and over again, shedding tears. “I’m so happy to go home today. I deserve it. It’s over. My God, it’s over.”

[…]

Legally, Hatch’s case came down to two questions: Was she an incapacitated adult in need of a guardian, and, if so, who would best serve in that role — her mother and stepfather, or Morris and Talbert?

But for national experts on the rights of people with disabilities, several of whom testified on Hatch’s behalf, the case was about much more. It was about an individual’s right to choose how to live and the government’s progress in providing the help needed to integrate even those with the most profound needs into the community.

In the end, Newport News Circuit Court Judge David F. Pugh said he believed that Hatch, who has an IQ of about 50, needed a guardian to help her make decisions but that he had also taken into account her preferences. He designated Morris and Talbert her temporary guardians for the next year, with the goal of ultimately helping her achieve more independence.

July 22, 2013

When is an “arrest” not really an arrest?

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

Answer: when you try to sue them for false arrest:

The Portland police and City Attorney are making an argument in federal court this month that gives another glimpse into the increasing claims of authority of police in our society. Scott Miller was stopped for jaywalking by Officer Dean Halley in 2010 and admitted that he committed the common violation of pedestrians. The officer however proceeded to handcuff him, tell him “you’re under arrest,” throw him into the back of a cruiser and then drove him a block away. He was in custody for about 30 minutes, but Deputy City Attorney William Manlove is arguing that citizens cannot sue because such acts do not constitute an actual arrest. They are something between a chat and custody, but not an arrest for purposes of legal action.

So, according to Portland, this constitutes just being detained and is effectively beyond any challenge of a citizen. In other words, police can routinely handcuff citizens, lock them in court and even tell them that they are under arrest without being subject to accountability for wrongful arrests.

Deputy City Attorney William Manlove insists that when Miller briefly jaywalked one morning while trying to catch a bus, he could be detained and handcuffed but not treated as an arrested person despite the express statement of the officer. It is an argument that would allow officers virtually unchecked authority in handcuffing citizens and holding them. It is the perfect authoritarian loophole and the city Portland wants to help establish it for future cases.

When Officer Friendly roughs you up, searches your car, and detains you for an indeterminate period of time, in no way does that imply that your rights have been infringed, citizen. Move along … nothing to see here.

July 17, 2013

Nonsense on stilts – Civil libertarians “caused” 9/11, so we have to curtail civil liberties

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 13:02

While some pro-surveillance folks may be content to hint that the world is a far more dangerous place if we don’t let the NSA have access to everyone’s electronic communications, there are others willing to go a lot further:

    And so, when a law enforcement task force of the FBI found out in August of 2001 that al Qaeda had sent two dangerous operatives to the United States, it did … nothing. It was told to stand down; it could not go looking for the two al Qaeda operatives because it was on the wrong side of the wall. I believe that FBI task force would have found the hijackers — who weren’t hiding — and that the attacks could have been stopped if not for a combination of bad judgment by the FISA court (whose minimization rules were later thrown out on appeal) and a climate in which national security concerns were discounted by civil liberties advocates on both sides of the aisle.

Got that? Anyone advocating for basic civil liberties is to blame for 9/11. Holy fuck. This kind of thinking is about as anti-American as I can think of. As we’ve discussed, protecting civil liberties is at the core of the American way of life. “Give me liberty or give me death” is the phrase that Patrick Henry chose, and apparently Stewart Baker believes the American motto should be “you’re all going to die if you fight for civil liberties!” Shameful.

[…]

    Forty years later, though, we’re still finding problems with this experiment. One of them is that law changes slowly while technology changes quickly. That usually means Congress has to change the law frequently to keep up. But in the context of intelligence, it’s often hard to explain why the law needs to be changed, let alone to write meaningful limits on collection without telling our intelligence targets a lot about our collection techniques. A freewheeling and prolonged debate — and does Congress have any other kind? — will give them enough time and knowledge to move their communications away from technologies we’ve mastered and into technologies that thwart us. The result won’t be intelligence under law; it will be law without intelligence.

Basically, shut up with the debate, just let us go back to spying on fucking everyone. If we actually have to “debate” and “protect the Constitution,” some “bad guys” might talk without us knowing about it. And then we’ll all die.

[…]

He then tries to flip the whole thing around and argue that supporters of civil liberties are actually anti-technology, because they’re trying to limit the government’s use of technology. That’s ridiculous, since many of the loudest supporters of civil liberties come from the tech and innovation communities. No one thinks the government shouldn’t make efficient use of technology — but that’s very different from saying it’s okay for the government to either convince or force companies to cough up all sorts of private data on everyone or risk the wrath of the US government. That’s not a fair fight. The government has the power to compel people and companies to do things that they would not do otherwise, though I guess an extreme authoritarian like Baker either doesn’t realize this or doesn’t see it as a problem.

At the end, he makes a bunch of claims about how it’s the US government’s job to “protect” everyone — though I’d like to see where that’s laid out in the Constitution. As mentioned above, he makes some valid points that other countries are just as bad, if not worse, but that’s hardly a compelling argument, because that just allows others to flip it around, and claim that the US has no moral high ground, since it’s ignoring the civil liberties of the public — something that Baker notes he directly supports in this testimony — for some vague and impossible promises of “safety.”

Trailer for The Fifth Estate

Filed under: Liberty, Media, Politics — Tags: , — Nicholas @ 08:36

A dramatic thriller based on real events, THE FIFTH ESTATE reveals the quest to expose the deceptions and corruptions of power that turned an Internet upstart into the 21st century’s most fiercely debated organization.

Triggering our age of high-stakes secrecy, explosive news leaks and the trafficking of classified information, WikiLeaks forever changed the game. Now, in a dramatic thriller based on real events, THE FIFTH ESTATE reveals the quest to expose the deceptions and corruptions of power that turned an Internet upstart into the 21st century’s most fiercely debated organization. The story begins as WikiLeaks founder Julian Assange (Benedict Cumberbatch) and his colleague Daniel Domscheit-Berg (Daniel Brühl) team up to become underground watchdogs of the privileged and powerful. On a shoestring, they create a platform that allows whistleblowers to anonymously leak covert data, shining a light on the dark recesses of government secrets and corporate crimes. Soon, they are breaking more hard news than the world’s most legendary media organizations combined. But when Assange and Berg gain access to the biggest trove of confidential intelligence documents in U.S. history, they battle each other and a defining question of our time: what are the costs of keeping secrets in a free society — and what are the costs of exposing them?”

QotD: The war on general-purpose computing

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

As we wait for dessert, I ask him about his recent speeches at technology conferences discussing the “war on general purpose computing”. He runs through the argument with practised fluency. Computers are by nature general-purpose machines. It’s impossible to make a computer that does all the kinds of things we want computers to do yet is somehow disabled from making copies of copyrighted material, or viewing child pornography, or sending instructions to a 3D printer to produce a gun.

“Oh my God, that’s good,” says Doctorow after his first mouthful of crumble. My peanut butter shortbread is fantastic too, if absurdly calorific. We are interrupted only by another waiter dropping a tray of glasses.

He continues with the argument. The impossibility of making limited-purpose computers won’t stop governments or corporations trying to put on the locks, or changing laws to try to make those locks effective. But the only way these limits can possibly work is subterfuge: computers therefore tend to contain concealed software that spies on what their users are trying to do. Such software is inevitably open to abuse and has often been abused in the past.

Digital rights management systems intended to prevent copying have been hijacked by virus-writers. In one notorious case, the Federal Trade Commission acted against seven computer rental companies and the software company that supplied them, alleging that the rental companies could activate hidden software to grab passwords, bank account details and even switch on the webcam to take photos of what the FTC coyly calls “intimate activities at home”. As computers surround us — in our cars, our homes, our pacemakers — Doctorow is determined to make people realise what’s at stake.

Tim Harford, “Cory Doctorow has Lunch with the FT“, TimHarford.com (originally published at the Financial Times), 2013-07-15

July 16, 2013

The authoritarian wing of the same-sex marriage campaign

Filed under: Law, Liberty, Religion, USA — Tags: , , , , — Nicholas @ 10:28

A. Barton Hinkle wonders if gay couples can live and let live:

It was a great day when the Supreme Court struck down the federal Defense of Marriage Act and threw out a California case that could have undermined gay marriage in the Golden State. On that day, gay and lesbian citizens won something profoundly important: acknowledgment of the right to live as they choose, without interference from others who think they know better.

Now the question is: Will gay and lesbian citizens acknowledge that everybody else has the same right? Some certainly will. But others are challenging the notion – and thereby undermining the case for their own hard-won victory.

David Mullins and Charlie Craig, for instance. The gay Colorado couple have filed a discrimination complaint against the owners of Masterpiece Cakeshop, who declined for religious reasons to make them a wedding cake. The Colorado attorney general’s office has taken their side. So, regrettably, has the ACLU.

And they have company: Similar complaints have been brought against bakeries in Oregon, Indianapolis, and Iowa; a Hawaiian bed-and-breakfast; a Vermont inn; a Washington florist; a Kentucky T-shirt company; and more. As gay marriage gains ground, cases such as these likely will flourish.

As they do, they will lend credence to the otherwise ludicrous assertion by social conservatives that there is a “homosexual agenda.” It will remain absurd to suggest gay people are trying to turn straight people gay. Changing other people’s sexual orientation has always been a conservative project, not a liberal one. But it will cease being absurd to suggest that requests for tolerance are actually demands for approval – and that those who claim to celebrate diversity actually insist upon ideological uniformity.

State of play in the surveillance state

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 08:38

If you’re just getting back from an extended vacation with no access to the news, “George Washington” at Zero Hedge has a cheat-sheet on spying that you might want to have a look at:

Lots more at Zero Hedge.

QotD: American justice

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

The defining characteristic of English law is its distribution of power between prosecutor, judge, and jury. This delicate balance has been utterly corrupted in the United States to the point where today at the federal level there is a conviction rate of over 90 percent — which would impress Mubarak and the House of Saud, if not quite, yet, Kim Jong Un. American prosecutors have an unhealthy and disreputable addiction to what I called, at the conclusion of the trial of my old boss Conrad Black six years ago, “countless counts.” In Conrad’s case, he was charged originally with 17 crimes, three of which were dropped by the opening of the trial and another halfway through, leaving 13 for the jury, nine of which they found the defendant not guilty of, bringing it down to four, one of which the Supreme Court ruled unconstitutional and the remaining three of which they vacated, only to have two of them reinstated by the lower appeals court. In other words, the prosecution lost 88 percent of the case, but the 12 percent they won was enough to destroy Conrad Black’s life.

Multiple charges tend, through sheer weight of numbers, to favor a result in which the jury convict on some and acquit on others and then tell themselves that they’ve reached a “moderate” “compromise” as befits the reasonable persons they assuredly are. It is, of course, not reasonable. Indeed, the notion of a “compromise” between conviction and acquittal is a dagger at the heart of justice. It’s the repugnant “plea bargain” in reverse, but this time to bargain with the jury: Okay, we threw the book at him and it went nowhere, so why don’t we all agree to settle? In Sanford, the state’s second closing “argument” to the strange, shrunken semi-jury of strikingly unrepresentative peers — facts, shmacts, who really knows? vote with your hearts — brilliantly dispenses with the need for a “case” at all.

Mark Steyn, “A Dagger at the Heart of Justice”, National Review, 2013-07-15

July 14, 2013

Unwanted contact

Filed under: Liberty, Randomness — Tags: , , — Nicholas @ 09:52

At Samizdata, Natalie Solent had a rather strong reaction to an unwanted form of contact the other day:

Discussion point: the ethical issues surrounding unsolicited sales phone calls

Is it better to just hang them or should we draw and quarter first?

A few days on, and she’s a bit more philosophical about it:

Before being overwhelmed by phone-induced homicidal rage the other day, I had intended to discuss a subject that has been interesting me lately, namely how difficult it is to specify in advance rules for social interaction. More specifically, I was pondering how hard it is to lay down rules for dealing with unwanted contact. Cold calling is one form of that; what are traditionally described as “unwanted advances” are another.

The problem is that word “unwanted”. To say, as the organisational psychologist quoted in this article does, that “An unwanted advance is a form of injustice”, strikes me as unfair. We are not telepaths. Quite often the only way one can find out that unwanted contact is unwanted is to ask, that is, to initiate unwanted contact. On the other hand while we may not have telepathy, we most of us do have empathy to help us guess in advance when advances might be unwelcome. Phone sales companies know to the fifth decimal place exactly how likely their calls are to be welcome. They know that the first four of those decimal places are filled by zeros, scumbags that they are. Few men asking a woman out have quite such a large database of prior results upon which to draw. I’m glad I’m not a guy! That last breath before you open your mouth to begin the sentence that might get you rejected cruelly or rejected kindly must be painful.

July 13, 2013

Same Sex Marriage in America: What Now?

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:20

The Supreme Court’s decisions on same sex marriage are just the beginning of a long process of determining what roles marriage will play in the legal environment of states and the country. Walter Olson and Ilya Shapiro detail some of the implications of the rulings.

July 11, 2013

Rupert “Emmanuel Goldstein” Murdoch

Filed under: Britain, Business, Liberty, Media — Tags: , , , , — Nicholas @ 07:57

James Delingpole on the quick march to government control over the British media:

I was listening to Radio 4 news yesterday as with salivating glee it reported the recall of Rupert Murdoch to the Culture Media and Sport Select Committee and I thought to myself, not for the first time: “Britain is losing the battle for press freedom.”

What worries me most is that so few of us seem capable of comprehending a) how we’re losing it and b) why it might be a problem. The default assumption behind the BBC’s reportage — and unfortunately, probably, an accurate one — is that most normal people think that Murdoch is the very type of low-down reptilian evil, that he is primarily responsible for dumbing down our culture and abasing standards within our media, and that every time he gets his comeuppance it’s a jolly good thing.

Needless to say, I disagree totally with this analysis — and not purely because I’d love it if he plucked me from obscurity and gave me an incredibly well paid job, writing, say, the James Delingpole Tells It Like It Is column in the Sun. No, I say it because I sincerely believe it. Tabloid media moguls like Murdoch do not create public taste: they reflect it. And if, like me, you believe in free markets and freedom of choice then we should applaud the farsightedness and tenacity with which he broke the print unions at Wapping, and the way he pioneered satellite viewing in Britain with Sky and the way in the US his Fox channel and his Wall Street Journal fight such a heroic and inspiring battle against the liberal consensus. Sure, I’ve no doubt he’s very good at drowning kittens — he’s a ruthless billionaire businessman, for heaven’s sake — but the benefits this buccaneer has brought to our world economically and socially far, far outweigh any he damage he might have done.

Yet you’d never guess this from his treatment in the media nor from the way he’s represented in public debate. Really, he’s like our very own Emmanuel Goldstein — the all-purpose hate-figure created by Big Brother in Nineteen Eighty-Four in order to channel the people’s discontent in the “correct” direction.

July 4, 2013

Bonfire of the civil liberties

Filed under: Liberty, Media, Politics, USA — Tags: , , , , , , — Nicholas @ 11:06

A recent article by Dan Gillmore in the Guardian was reposted on Alternet yesterday:

No one with common sense believes Obama is planning to become a dictator. But the mail list question was indeed not paranoid — because Obama, building on the initiatives of his immediate predecessors, has helped create the foundation for a future police state. This has happened with bipartisan support from patriotic but short-sighted members of Congress and, sad to say, the general public.

The American media have played an essential role. For decades, newspaper editors and television programmers, especially local ones, have chased readers and ratings by spewing panic-inducing “journalism” and entertainment that helped foster support for anti-liberty policies. Ignorance, sometimes willful, has long been part of the media equation. Journalists have consistently highlighted the sensational. They’ve ignored statistical realities to hype anecdotal — and extremely rare — events that invite us to worry about vanishingly tiny risks and while shrugging off vastly more likely ones. And then, confronted with evidence of a war on journalism by the people running our government, powerful journalists suggest that their peers — no, their betters — who had the guts to expose government crimes are criminals. Do they have a clue why the First Amendment is all about? Do they fathom the meaning of liberty?

The founders, for all their dramatic flaws, knew what liberty meant. They created a system of power-sharing and competition, knowing that investing too much authority in any institution was an invitation to despotism. Above all, they knew that liberty doesn’t just imply taking risks; it absolutely requires taking risks. Among other protections, the Bill of Rights enshrined an unruly but vital free press and guaranteed that some criminals would escape punishment in order to protect the rest of us from too much government power. How many of those first 10 amendments would be approved by Congress and the states today? Depressingly few, one suspects. We’re afraid.

America has gone through spasms of liberty-crushing policies before, almost always amid real or perceived national emergencies. We’ve come out of them, to one degree or another, with the recognition that we had a Constitution worth protecting and defending, to paraphrase the oath federal office holders take but have so casually ignored in recent years.

What’s different this time is the surveillance infrastructure, plus the countless crimes our lawmakers have invented in federal and state codes. As many people have noted, we can all be charged with something if government wants to find something — the Justice Department under Bush and Obama has insisted that simply violating an online terms of service is a felony, for example. And now that our communications are being recorded and stored (you should take that for granted, despite weaselly government denials), those somethings will be available to people looking for them if they decide you are a nuisance. That is the foundation for tyranny, maybe not in the immediate future but, unless we find a way to turn back, someday soon enough.

H/T to Tim O’Reilly for the link.

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