Quotulatiousness

March 20, 2013

Barack’s secret spying club

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 09:23

In Reason, Jacob Sullum explains why the ruling against the promiscuous use of National Security Letters was needed:

After 9/11, Congress loosened restrictions on national security letters (NSLs), a kind of administrative subpoena, first authorized in 1986, that the FBI uses to demand information from phone companies, Internet service providers, and financial institutions. According to the Justice Department’s inspector general, NSL “requests” skyrocketed from a total of 8,500 between 1986 and 2000 to more than 56,000 in 2004 alone.

The Obama administration has made liberal use of NSLs, which in 2010 allowed the FBI to peruse information about 14,212 American citizens and permanent residents — a new record — without bothering to get clearance from a judge. If you were one of those people, the odds are that you will never know, because NSLs are almost always accompanied by instructions that prohibit recipients from discussing them.

[. . .]

Secrecy frustrates challenges to counterterrorism tactics even in the case of Obama’s most startling claim to executive power: the authority to kill people he identifies as members or allies of Al Qaeda. In January a federal judge ruled that the Freedom of Information Act does not require Obama to disclose the Justice Department memos that explain the legal rationale for this license to kill.

U.S. District Judge Colleen McMahon expressed frustration with this result, saying, “I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.” In his State of the Union address the following month, Obama promised to make his “targeting” of suspected terrorists “even more transparent.” I’ll disbelieve it when I don’t see it.

March 19, 2013

New British press control rules to apply to the internet … the whole internet

Filed under: Britain, Law, Liberty, Media — Tags: , , , — Nicholas @ 12:37

In Forbes Tim Worstall explains why the British government’s new Ministry of Truth press censorship body will have effective reach across the entire internet:

This isn’t what they think they’ve done, this is true. And it’s also not what they intended to do (or at least I hope they didn’t mean to do this) but it is still what they’ve done. They’ve passed a law which effectively censors the entire world’s media. And they’ve done this simply because they are ignorant of the very laws they’re trying to change. Which is, I think you’ll agree, a little disturbing, that politicians would casually negate press freedom just because they don’t know what they’re doing.

[. . .]

It’s a standard Common Law assumption that publication does not take place where the printing presses (or servers etc) are. Publication takes place where something is made available to be read or seen. We’ve even had two recent cases that show this. Rachel Ehrenfeld published a book in the US and yet was still sued for libel in London. For a few copies of that book had made it over to England and thus it was deemed that publication had taken place where English libel law prevailed. Just in case you think that this is some English peculiarity there was a very similar case with Dow Jones in Australia. Something was published in New York. But it was read in Australia (remarkably, by the man the piece was about, he downloaded it) and this was sufficient for the Australian courts to agree that therefore the potential libel had occurred in Oz and should be tried under Oz law.

This is even clearer with reference to child pornography laws. “Production” of child pornography includes the act of downloading such. For before it was downloaded there was one copy, on the server. Once downloaded, there are two, one on the server, the other in the browser. Thus the downloading is in itself the production of that pornography. This very point is drawn from the standard Common Law principles about publication.

Therefore, it doesn’t matter where your servers are. For that’s not what defines publication. It also doesn’t matter who the material is aimed at: nor even what language it is in. Publication happens if someone in the UK downloads whatever it is. That, in itself, is the act of publication.

March 17, 2013

Proposed British press regulation will apply to bloggers as well

Filed under: Britain, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 11:55

Guido Fawkes offers a warning to those bloggers cheerleading for the British government to impose controls on the tabloid press:

One thing that surprises Guido is that his comrades in the liberal, progressive blogosphere have seemingly not noticed that the proposed Royal Charter aims to control and regulate them as well as the tabloids.

Schedule 4, Point 1 of both the government and the opposition’s versions of the Royal Charter will bring blogs under the regulator’s control:

    “relevant publisher” means a person (other than a broadcaster) who publishes in the United Kingdom: a. a newspaper or magazine containing news-related material, or b. a website containing news-related material (whether or not related to a newspaper or magazine)”

[. . .]

To all those bloggers who support this press control Charter because they hate Murdoch and Dacre, Guido offers this cautionary counsel, remember that the new regulator will cover you as well. You will have all the expense and bureaucracy of compliance as Murdoch and Dacre face, without the means. Unless like Guido and the Spectator you plan to become media outlaws too…

EFF press release on the win on National Security Letters

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:32

The EFF posted more information about the court decision that National Security Letters violate the constitution:

The controversial NSL provisions EFF challenged on behalf of the unnamed client allow the FBI to issue administrative letters — on its own authority and without court approval — to telecommunications companies demanding information about their customers. The controversial provisions also permit the FBI to permanently gag service providers from revealing anything about the NSLs, including the fact that a demand was made, which prevents providers from notifying either their customers or the public. The limited judicial review provisions essentially write the courts out of the process.

In today’s ruling, the court held that the gag order provisions of the statute violate the First Amendment and that the review procedures violate separation of powers. Because those provisions were not separable from the rest of the statute, the court declared the entire statute unconstitutional. In addressing the concerns of the service provider, the court noted: “Petitioner was adamant about its desire to speak publicly about the fact that it received the NSL at issue to further inform the ongoing public debate.”

“The First Amendment prevents the government from silencing people and stopping them from criticizing its use of executive surveillance power,” said EFF Legal Director Cindy Cohn. “The NSL statute has long been a concern of many Americans, and this small step should help restore balance between liberty and security.”

March 16, 2013

First big blow against the cult of secrecy

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 10:32

The “most transparent administration” may be forced to be a bit more transparent after a US federal judge declared National Security Letters to be unconstitutional:

Ultra-secret national security letters that come with a gag order on the recipient are an unconstitutional impingement on free speech, a federal judge in California ruled in a decision released Friday.

U.S. District Judge Susan Illston ordered the government to stop issuing so-called NSLs across the board, in a stunning defeat for the Obama administration’s surveillance practices. She also ordered the government to cease enforcing the gag provision in any other cases. However, she stayed her order for 90 days to give the government a chance to appeal to the Ninth Circuit Court of Appeals.

“We are very pleased that the Court recognized the fatal constitutional shortcomings of the NSL statute,” said Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed a challenge to NSLs on behalf of an unknown telecom that received an NSL in 2011. “The government’s gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience.”

[. . .]

NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited and more.

NSLs are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have even received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has to merely assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.

March 14, 2013

Toronto school board deploys police to intimidate bloggers

Filed under: Bureaucracy, Cancon, Education, Liberty, Media — Tags: , , , — Nicholas @ 08:38

Arnie Lemaire, who blogs at Blazing Cat Fur is becoming a bother to the great and the good at the Toronto District School Board. After a recent comment on his blog, the TDSB sent police officers to his door:

Can writing a sarcastic but clearly tame blog comment really land two cops at your doorstep?

It happened to Blazingcatfur blogger Arnie Lemaire Wednesday for musing “OISE and the TDSB need to be purged, or burnt to the ground whichever is more effective.”

He’s, quite rightfully, upset about it.

But, often critical of the Toronto District School Board and the Ontario Institute for Studies in Education, Lemaire said he will not back down from efforts to “intimidate” him.

“Dear TDSB, You Can’t Silence Me,” was a headline on the blazingcatfur.blogspot in response.

But, what they clearly can do, is bring in the police to investigate.

In what can be described as more TDSB theatre of the absurd, an obscure six-week-old blog comment resulted in police visiting his home like one might see back in the day of the Stasi in communist East Germany.

Update: As Mark Steyn puts it “Nobody Expects the Toronto District School Board Inquisition…“

It seems a wee bit over-sensitive for a school board that promotes murderous goons like Che Guevara and cop-killers like the Black Panthers as role models to its young charges to get its knickers in a twist over a blog post. But, of course, for leftie social engineers, the glamor of the revolutionary aesthetic is mostly a useful cover for inculcating a bovine, unquestioning statist compliance from which no deviation is permitted. There was barely any pretense by the cops that there was a legal justification for what happened yesterday; it was just a friendly warning: “Nice blog ya got there. Would be a real shame if something happened to it.“

One of the most disquieting trends in western Europe is the state’s increasingly open intimidation of those who dissent from the official ideology. Sad to see it on this side of the Atlantic.

March 13, 2013

Follow-up on the LAPD’s pickup truck shooting spree

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

Remember this gem of a story from last month? At the time, Jon (my former virtual landlord) strongly suggested I park my Toyota Tacoma in the garage just to avoid being targeted by random police “marksmen”.

Pickup shooting by LAPD

Here’s the follow-up that only makes the story that much more ridiculous:

“LAPD and Galpin Ford wanted [the women] to pose for a photo opportunity and pay income tax on the truck,” the NBC report reads, citing Jonas. “The women no longer want the truck after they were told they needed to fill out a 1099 form for the donation.”

For those of you who don’t know that a 1099 form is, it’s for tax form for “miscellaneous income.”

“You tried to murder the woman, now you’re telling her she can’t have a four-wheel drive, you’re telling her she can’t sell it and you’ve got to be taxed on it?” Jonas said. “How would anyone react to that?”

“Jonas plans on filing a government claim, which is a precursor to any lawsuit filed against a government agency. He said he felt the truck was being touted as a ‘reward or prize’ instead of a sincere gesture by the LAPD,” NBC 4 News notes:

I can’t improve on the comment Jon sent along with this link: “At this rate, I am surprised that the LAPD has not tried to bill the women for the 100+ rounds of ammunition.”

March 11, 2013

Democratic supporters still hoping Rand Paul will shut up and go away

Filed under: Liberty, Media, Politics, USA — Tags: , , , , , , — Nicholas @ 08:52

In the Guardian, Glenn Greenwald rounds up the reactions on the left to Rand Paul’s filibuster last week:

Last week’s 13-hour filibuster of John Brennan’s confirmation as CIA director by GOP Sen. Rand Paul was one of the first — and, from the perspective of media attention, easily among the most effective — Congressional efforts to dramatize and oppose just how radical these Terrorism-justified powers have become. For the first time since the 9/11 attack, even lowly cable news shows were forced — by the Paul filibuster — to extensively discuss the government’s extremist theories of power and to debate the need for checks and limits.

All of this put Democrats — who spent eight years flamboyantly pretending to be champions of due process and opponents of mass secrecy and executive power abuses — in a very uncomfortable position. The politician who took such a unique stand in defense of these principles was not merely a Republican but a leading member of its dreaded Tea Party wing, while the actor most responsible for the extremist theories of power being protested was their own beloved leader and his political party.

[. . .]

Meanwhile, a large bulk of the Democratic and liberal commentariat — led, as usual, by the highly-paid DNC spokesmen called “MSNBC hosts” and echoed, as usual, by various liberal blogs, which still amusingly fancy themselves as edgy and insurgent checks on political power rather than faithful servants to it — degraded all of the weighty issues raised by this episode by processing it through their stunted, trivial prism of partisan loyalty. They thus dutifully devoted themselves to reading from the only script they know: Democrats Good, GOP Bad.

To accomplish that, most avoided full-throated defenses of drones and the power of the president to secretly order US citizens executed without due process or transparency. They prefer to ignore the fact that the politician they most deeply admire is a devoted defender of those policies. After stumbling around for a few days in search of a tactic to convert this episode into an attack on the GOP and distract from Obama’s extremism, they collectively settled on personalizing the conflict by focusing on Rand Paul’s flaws as a person and a politician and, in particular, mocking his concerns as “paranoia” (that attack was echoed, among others, by the war-cheering Washington Post editorial page).

[. . .]

The reality is that Paul was doing nothing more than voicing concerns that have long been voiced by leading civil liberties groups such as the ACLU. Indeed, the ACLU lavishly praised Paul, saying that “as a result of Sen. Paul’s historic filibuster, civil liberties got two wins”. In particular, said the ACLU, “Americans learned about the breathtakingly broad claims of executive authority undergirding the Obama administration’s vast killing program.”

March 9, 2013

Good news and bad news about border searches of your electronic devices

Filed under: Bureaucracy, Liberty, USA — Tags: , , , , , — Nicholas @ 11:32

Declan McCullagh on the mixed news from a recent court ruling:

U.S. customs officials must have a reasonable justification before snatching your laptop at the border and scanning through all your files for incriminating data, a federal appeals court ruled today.

The Ninth Circuit Court of Appeals ruled that Homeland Security’s border agents must have “reasonable suspicion” before they can legally conduct a forensics examination of laptops, mobile phones, camera memory cards, and so on.

Today’s opinion is a limited — but hardly complete — rejection of the Obama administration’s claim that any American entering the country may have his or her electronic files minutely examined for evidence of criminal activity. Homeland Security has said the electronic border searches could detect terrorists, drug smugglers, and people violating “copyright or trademark laws.”

More on EU proposal to ban all forms of pornography

Filed under: Europe, Liberty, Media, Politics — Tags: , , , — Nicholas @ 10:37

In the Telegraph, Bruno Waterfield follows up on yesterday’s story (linked here):

Controversy has erupted over next Tuesday’s European Parliament resolution “on eliminating gender stereotypes in the EU”, meant to mark international women’s day, after libertarian Swedish MEPs from the Pirate Party spotted the call for a ban in the small print.

While not legally binding, the vote could be the first step towards European legislation as the EU’s assembly increasingly flexes its political muscle within Europe’s institutions.

The proposal “calls on the EU and its member states to take concrete action on discrimination against women in advertising… [with] a ban on all forms of pornography in the media”.

Kartika Liotard, a Dutch left-wing feminist MEP, is seeking “statutory measures to prevent any form of pornography in the media and in advertising and for a ban on advertising for pornographic products and sex tourism”, including measures in the “digital field”.

The MEPs are also demanding the establishment of state sex censors with “a mandate to impose effective sanctions on companies and individuals promoting the sexualisation of girls”.

March 8, 2013

EU politicians perform modern day King Canute act

Filed under: Europe, Liberty, Media, Politics — Tags: , , , , — Nicholas @ 09:55

Yup. They’re standing up for equality on the internet by calling for a ban on online porn:

MEPs are being urged to back a non-binding resolution that calls on the European Parliament to, in effect, ban pornography from the internet. A group of Euro politicos hope the web filth block will bring about a “genuine culture of equality” online.

A motion was tabled this week by the EU’s committee on women’s rights and gender equality. A report titled Eliminating Gender Stereotypes in the EU urged all members of the European Parliament to support the draft resolution.

The panel stated that a policy to put an end to stereotypes portrayed in the media would “of necessity involve action in the digital field”. The committee added that the EU would be required to coordinate action to develop a “genuine culture of equality on the internet”.

March 6, 2013

Colby Cosh: “One sees what fine jokes result when the state tries to make one plus one equal fried chicken”

Filed under: Cancon, Law, Liberty, Media — Tags: , , , , — Nicholas @ 15:25

In Maclean’s, staff optimist and all-around-softy Colby Cosh tries to make lemonade out of the sour Whatcott ruling by the Supreme Court of Canada:

The ruling was appalling in a number of ways, most notably in its dismissal of any possibility of a truth defence against human rights commissions who hunt “hate speech.” The court specifically insists that true statements arranged in certain ways can be officially “hateful,” conceding a total lack of interest in truth and basically handing its banner over to the commissions’ targets. For liberals who share the goals of these commissions, this is a moral disaster that can only multiply Bill Whatcotts ad infinitum. People of the Whatcott type already believe themselves to be in special possession of suppressed facts, and now the court has said explicitly that spreading falsehoods is no part of their offence.

But since we columnists are in the business of telling truth, whatever a court thinks, it ought to be admitted that, dead or alive, free speech in Canada was never in such good shape. The Supreme Court’s decision is an elaborate partial rescue of standing precedent; the constitutionality of hate policing by provincial commissions was established many years ago, and the unpleasant surprise is only that it wasn’t killed on this occasion.

[. . .]

For those of us who make a living in creative or intellectual expression, it is worth something to have the laws limiting it defined as clearly as possible while being compacted into a minimum volume. The Supreme Court has made the rules clearer, and this is not to be sneered at, even if its logic sometimes is — especially since the overall authority of human rights commissions has undergone net diminution in the process. It is just possible the chief justice wasn’t entirely asleep at the switch.

ACLU to investigate the militarization of US police forces

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 12:00

At the Huffington Post, Radley Balko reports on a new ACLU campaign:

The militarization of America’s police forces has been going on for about a generation now. Former Los Angeles Police Chief Daryl Gates first conceived the idea of the SWAT team in the late 1960s, in response to the Watts riots and a few mass shooting incidents for which he thought the police were unprepared. Gates wanted an elite team of specialized cops similar to groups like the Army Rangers or Navy SEALs that could respond to riots, barricades, shootouts, or hostage-takings with more skill and precision than everyday patrol officers.

The concept caught on, particularly after a couple of high-profile, televised confrontations between Gates’ SWAT team and a Black Panther holdout in 1969, and then with the Symbionese Liberation Army in 1973. Given the rioting, protests, and general social unrest of the time, Gates’ idea quickly grew popular in law enforcement circles, particularly in cities worried about rioting and domestic terrorism.

[. . .]

Kraska estimates that total number of SWAT raids in America jumped from just a few hundred per year in the 1970s, to a few thousand by the early 1980s, to around 50,000 by the mid-2000s.

The vast majority of those raids are to serve warrants on people suspected of nonviolent drug crimes. Police forces were no longer reserving SWAT teams and paramilitary tactics for events that presented an immediate threat to the public. They were now using them mostly as an investigative tool in drug cases, creating violent confrontations with people suspected of nonviolent, consensual crimes.

March 5, 2013

Coming soon: the Police-Industrial Complex

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

Radley Balko interviewed by Vice:

How did 9/11 alter the domestic relationship between the military and police?

It really just accelerated a process that had already been in motion for 20 years. The main effect of 9/11 on domestic policing is the DHS grant program, which writes huge checks to local police departments across the country to purchase machine guns, helicopters, tanks, and armored personnel carriers. The Pentagon had already been giving away the same weapons and equipment for about a decade, but the DHS grants make that program look tiny.

But probably of more concern is the ancillary effect of those grants. DHS grants are lucrative enough that many defense contractors are now turning their attention to police agencies — and some companies have sprung up solely to sell military-grade weaponry to police agencies who get those grants. That means we’re now building a new industry whose sole function is to militarize domestic police departments. Which means it won’t be long before we see pro-militarization lobbying and pressure groups with lots of (taxpayer) money to spend to fight reform. That’s a corner it will be difficult to un-turn. We’re probably there already. Say hello to the police-industrial complex.

Is police reform a battle that will have to be won legally? From the outside looking in, much of this seems to violate The Posse Comitatus Act of 1878. Are there other ways to change these policies? Can you envision a blueprint?

It won’t be won legally. The Supreme Court has been gutting the Fourth Amendment in the name of the drug war since the early 1980s, and I don’t think there’s any reason to think the current Court will change any of that. The Posse Comitatus Act is often misunderstood. Technically, it only prohibits federal marshals (and, arguably, local sheriffs and police chiefs) from enlisting active-duty soldiers for domestic law enforcement. The president or Congress could still pass a law or executive order tomorrow ordering U.S. troops to, say, begin enforcing the drug laws, and it wouldn’t violate the Constitution or the Posse Comitatus Act. The only barrier would be selling the idea to the public.

March 2, 2013

“The most important Google Glass experience is not the user experience – it’s the experience of everyone else”

Filed under: Liberty, Media, Technology — Tags: , — Nicholas @ 11:08

Charles Stross linked to this article saying that it’s the second order effects that are going to be more important over time:

The key experiential question of Google Glass isn’t what it’s like to wear them, it’s what it’s like to be around someone else who’s wearing them. I’ll give an easy example. Your one-on-one conversation with someone wearing Google Glass is likely to be annoying, because you’ll suspect that you don’t have their undivided attention. And you can’t comfortably ask them to take the glasses off (especially when, inevitably, the device is integrated into prescription lenses). Finally – here’s where the problems really start – you don’t know if they’re taking a video of you.

Now pretend you don’t know a single person who wears Google Glass… and take a walk outside. Anywhere you go in public – any store, any sidewalk, any bus or subway – you’re liable to be recorded: audio and video. Fifty people on the bus might be Glassless, but if a single person wearing Glass gets on, you – and all 49 other passengers – could be recorded. Not just for a temporary throwaway video buffer, like a security camera, but recorded, stored permanently, and shared to the world.

[. . .]

Remember when people were kind of creeped out by that car Google drove around to take pictures of your house? Most people got over it, because they got a nice StreetView feature in Google Maps as a result.

Google Glass is like one camera car for each of the thousands, possibly millions, of people who will wear the device – every single day, everywhere they go – on sidewalks, into restaurants, up elevators, around your office, into your home. From now on, starting today, anywhere you go within range of a Google Glass device, everything you do could be recorded and uploaded to Google’s cloud, and stored there for the rest of your life. You won’t know if you’re being recorded or not; and even if you do, you’ll have no way to stop it.

And that, my friends, is the experience that Google Glass creates. That is the experience we should be thinking about. The most important Google Glass experience is not the user experience – it’s the experience of everyone else. The experience of being a citizen, in public, is about to change.

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