Quotulatiousness

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.

July 3, 2013

QotD: Militarization of the police

Filed under: Books, Law, Liberty, Media, Quotations — Tags: , , — Nicholas @ 14:42

The days of the peace officer are long gone, replaced by the militarized police warrior wearing uniforms making them indistinguishable from military personnel. Once something is defined as a “war” everyone becomes a “warrior.” Balko offers solutions ranging from ending the war on drugs, to halting mission creep so agencies such as the Department of Education and the FDA don’t have their own SWAT teams, to enacting transparency requirements so that all raids are reported and statistics kept, to community policing, and finally to one of the toughest solutions: changing police culture.

Police culture has gone from knocking on someone’s door to ask him to come to the station house, to knocking on a door to drag him to the station house, to a full SWAT raid on a home.

Two quotes from the HBO television series The Wire apply quite appropriately to this situation:

“This drug thing, this ain’t police work. Soldiering and police, they ain’t the same thing.”

“You call something a war and pretty soon everyone’s gonna’ be running around acting like warriors. They’re gonna’ be running around on a damn crusade, storming corners, slapping on cuffs and racking up body counts. And when you’re at war you need an enemy. And pretty soon damn near everybody on every corner’s your enemy. And soon the neighborhood you’re supposed to be policing, that’s just occupied territory.”

Detective John J. Baeza, NYPD (ret.), posted review of Radley Balko’s Rise of the Warrior Cop at Amazon.com, 2013-07-01

The most blatant display of “one law for the rich, one law for the poor”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 07:54

Reason‘s Mike Riggs points out the most amazing part of the Aaron Hernandez case:

Let me paint the scene for you: It’s broad daylight out. A group of six Massachusetts State Police officers in suits and ties approach Hernandez’s North Attleborough mansion from the front. Three of them walk up the steps of his porch, and — with their guns holstered — knock on the door. After roughly 50 seconds of knocking and doorbell-ringing, a shirtless Hernandez opens the door and lets six suited staties, plus a cop in uniform, come inside. As one officer starts to cuff Hernandez right there in the foyer, another officer closes the door, presumably to provide Hernandez with some privacy. A few seconds later, Hernandez — now with a tee-shirt pulled over his handcuffed arms and torso — is led outside to a cop car, where officers gently lower him into the back seat and put on his seatbelt.

No battering ram. No flashbangs. No paramilitary gear. I was shocked.

Compare and contrast this arrest — for homicide — with this arrest first reported by Radley Balko:

In 2011, a SWAT team conducted a midnight raid on Stamps’ home in Framingham looking for a couple of small-time crack dealers. In the chaos and cloud of adrenaline that results from knocking down someone’s door and flooding his home with men dressed like soldiers, an officer shot Stamps in the neck, killing him. The city’s chief of police would later say that Stamps was “tragically and fatally struck by a bullet which was discharged from a SWAT officer’s rifle”; as if guns fire themselves.

When police eventually found who they were looking for — not Stamps, but his stepson and the stepson’s cousin — neither of them was armed. Nor did police find any firearms in the house.

It almost sounds backwards, doesn’t it? Killing an unarmed senior citizen in the process of arresting two unarmed kids holding a couple hundred bucks and some crack, while sending guys in their Sunday best to bring in a man allegedly involved in not just one violent, gang-related murder, but three?

[. . .]

This trend isn’t limited to Massachusetts. Across the country, poor people experience an entirely different criminal justice system — from arrest to prosecution — than the wealthy. Oftentimes, this means blacks are treated more harshly than whites and that the people who sell illegal drugs for money are treated differently than bankers who launder that money.

While football fans are free to care about whatever they want, the most shocking aspect of the Hernandez case isn’t that an incredible athlete killed anywhere from one to three people, it’s that the location of his home and the name of his employer bought him courtesies that poor, nonviolent offenders committing consensual crimes seldom experience.

Update: The Hernandez case gets even more weird:

Investigators in the Aaron Hernandez murder case were prepared to interview a Bristol man who was killed early Sunday when he crashed a car registered to his father-in-law, the former New England Patriot tight end’s uncle.

Multiple law enforcement sources said Massachusetts investigators were interested in speaking with Thaddeus Singleton III, 33, because he was associated with Hernandez. Singleton, who records show has served time in state prisons on various drug-related convictions dating to the mid-1990s, was killed when the car he was driving shot 100 feet through the air and hit the Farmington Country Club 6 feet off the ground.

Maybe this is something new in Nissan automotive technology, but it’s a rare vehicle that can shoot 100 feet through the air and impact a building six feet up? Impressive.

June 30, 2013

Steps towards a police state

Filed under: Government, Liberty, Media, USA — Tags: , , , , , , — Nicholas @ 10:38

Rick Falkvinge thinks that the United States is at the point of no return as far as civil liberties are concerned:

While this may seem a trivial observation, it is critical in this context: people tend to be focused on what affects them in the here and now. While some people can connect the dots and follow the line with their eyes into the future, the vast majority of people don’t bother with something that doesn’t affect them directly, personally, and in the present. In 1932, families were still skating in the park in Berlin on weekends. All that nasty stuff was theoretical, rumored, and somewhere else. People who look ahead and try to sound the alarm bell tend to be regarded as tinfoil hats, eccentric, and nuts.

One of the first things that happens past the point of no return into a police state is the persecution of reporters. As a society is closing down, those persecuted first are those with the audience and an interest in reporting the worrying trends that society seems to be closing. This is the proverbial canary in the coal mine. This is the alarm bell. Once that happens, get out of the mine.

An event horizon is a term from astrophysics. It is the edge of a black hole – so the event horizon appears like a black sphere, if you like. Nothing, not even light, can escape from within the event horizon – hence the term black hole. But if you were traveling through space, in direction of the black hole (which may be as large as an entire solar system), then you would notice absolutely nothing as you crossed the event horizon. You would pass a point of no return, and register not a single thing while doing so. The analogy is depressingly apt.

I’ve written before that I believe that the U.S. is lost to encroaching totalitarianism, which it will likely endure for a number of years before it collapses under its own weight (as all empires do sooner or later). With Edward Snowden being hunted relentlessly across the globe for leaking evidence of systematic abuse of power, Glenn Greenwald – who published Snowden’s leaks – was recently criticized for aiding and abetting the leak itself. This is a key choice of words, for aiding and abetting a crime is itself a crime – the wording suggested that the reporter who published evidence of abuse of power is himself a criminal.

June 29, 2013

Jeff Jarvis calls for private encryption

Filed under: Liberty, Media, Technology — Tags: , , , — Nicholas @ 10:27

In the Guardian, Jeff Jarvis makes the case for internet communications to be protected by encryption:

Assuring the security of private communications regardless of platform — email, VOIP, direct message — should be a top priority of the internet industry in the aftermath of Edward Snowden’s revelations that US and UK governments are tapping into the net’s traffic.

The industry needs to at least come together to offer encryption for private communications as protection against government surveillance.

Guarantee of private communications should be a matter of law already. But, of course, it is not. In the US, only our first-class physical mail is protected from government surveillance without a warrant. In the UK, it was a case of opened mail that led to the closing of the Secret Department of the Post Office. As a matter of principle, the protection afforded our physical mail should extend to any private communication using any means. Just because the authors of the Fourth Amendment could not anticipate the internet and email, let alone Facebook, that should not grant government spies a loophole from the founders’ intent.

That protection could come from Congress, but it won’t. It could come from the courts, but it hasn’t.

I argued in my book Public Parts that government may try to portray itself as the protector of our privacy, but it is instead the most dangerous enemy of privacy, for it can gather our information without our knowledge and consent — that is the lesson of Snowden’s leaks — and has the power to use it against us.

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