Quotulatiousness

February 25, 2013

What Argo doesn’t show about “The Canadian Caper” of 1979

Filed under: Cancon, History, Middle East, USA — Tags: , , , , , — Nicholas @ 13:15

In Maclean’s, one of the American diplomats who took part in the actual hostage drama in Tehran provides a bit of supplementary material to the film Argo:

Ben Affleck’s Argo has stormed box offices, collected awards [. . .] yet Canadians of a certain age may find themselves thinking: This is not quite how I remember those days. I was there when Iranians took over the American Embassy in Tehran, and it is not quite how I remember them either. Argo is terrific entertainment, but it tells only a part of our story, and says nothing at all about many of the real heroes — most Canadian — who helped rescue us. Before Argo came along, our rescue was routinely called the “Canadian Caper.” It still should be. The operation consisted of four distinct phases. Three were almost entirely Canadian, and only one involved significant U.S. assistance.

For those not of a certain age, a brief summary is a good starting point. Nov. 4, 1979 brought cold rain and hinted of trouble of a different sort. Two weeks earlier, then-president Jimmy Carter decided to admit the former shah of Iran to the U.S. for cancer treatment. Iranians were outraged; many suspected it was a plot by the U.S. Central Intelligence Agency to remove Iran’s new ruler, Ayatollah Ruhollah Khomeini, and put the shah back in charge. Protests outside Tehran’s U.S. Embassy had become daily occurrences. That November morning, demonstrators climbed the gate and soon controlled the compound.

[. . .]

Phase four always receives the least attention. The U.S. government was desperate to keep the CIA’s role secret, rightly fearing its disclosure might endanger the hostages (who weren’t freed until 1981). This concern was sufficiently real that we were asked to live under false names in Florida until the hostages were set free. I was looking forward to seeing how many speeding tickets my alter ego could accumulate, but La Presse decided to publish Jean Pelletier’s story once the Canadian Embassy in Tehran had closed. We came home to a rousing reception and the Canadians were asked to claim complete credit for our escape. That job understandably fell to ambassador Taylor, who spent the better part of a year on the rubber chicken circuit at receptions to honour the Canadian government and people for helping us. Some have said he did the job too well, or failed to share the credit with other embassy staff. My own experience contradicts this. I heard Taylor speak several times. He always mentioned his staff. I also tried, during press interviews I gave, to mention others, particularly the Sheardowns. My comments were edited out. It seemed the press could handle only one hero at a time. Unfortunately, this meant John Sheardown, who was indispensable in phase one, became invisible in phase four. I truly believe John did not care. He did his duty as he saw it. For those who loved and respected him, it was painful.

[. . .]

As I wrote at the beginning, Argo is a wonderful film. Not because it is historically accurate, but because, aside from its technical brilliance, it reminds us of a time when ordinary people performed great deeds, and two neighbours that feud over many small and not so small things came together and did something magnificent. Maybe it didn’t change history, but for we six house guests it was truly life changing. And it was, and should always remain, the Canadian Caper.

The difference between professional journalists and mere bloggers

Filed under: Law, Media, USA — Tags: , , , , , — Nicholas @ 13:03

Ken at Popehat explains “the game”:

Here we have the heart of the matter. “Professional” journalists may, indeed, be brilliant, talented, well-trained, professional, with an abiding appetite for hard-hitting but neutral reporting. Yet professional journalists also depend on relationships. Ms. Caldwell calls that fact out, sending law enforcement’s core message to the press: if you want access, play the game.

The game colors mainstream media coverage of criminal justice. Here’s my overt bias: I’m a criminal defense attorney, a former prosecutor, and a critic of the criminal justice system. In my view, the press is too often deferential to police and prosecutors. They report the state’s claims as fact and the defense’s as nitpicking or flimflam. They accept the state’s spin on police conduct uncritically. They present criminal justice issues from their favored “if it bleeds it leads” perspective rather than from a critical and questioning perspective, happily covering deliberate spectacle rather than calling it out as spectacle. They accept leaks and tips and favors from law enforcement, even when those tips and leaks and favors violate defendants’ rights, and even when the act of giving the tip or leak or favor is itself a story that somebody ought to be investigating. In fact, they cheerfully facilitate obstruction of justice through leaks. They dumb down criminal justice issues to serve their narrative, or because they don’t understand them.

This “professional” press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it. Of course they don’t want to answer questions from the 800-pound bedridden guy in fuzzy slippers in his mother’s basement. But it’s not because an 800-pound bedridden guy can’t ask pertinent questions. It’s because he’s frankly more likely to ask tough questions, more likely to depart from the mutually accepted narrative about the system, less likely to be “respectful” in order to protect his access. (Of course, he might also be completely nuts, in a way that “mainstream” journalism screens out to some extent.)

Hollywood’s addiction problem

Filed under: Business, Government, Media, USA — Tags: , , , — Nicholas @ 09:19

It’s not addiction to drugs — although we can be sure there’s more than enough of that — it’s addiction to government subsidies, tax credits, and special privileges not available to ordinary businesses:

With campaign season over, you’re not likely to hear stars bringing up taxes at [the] Academy Awards show. But the tax man ought to come out and take a bow anyway. Of the nine “Best Picture” nominees in 2012, for example, five were filmed on location in states where the production company received financial incentives, including The Help (in Mississippi) and Moneyball (in California). Virginia gave $3.5 million to this year’s Oscar-nominated Lincoln.

Such state incentives are widespread, and often substantial, but they don’t do much to attract jobs. About $1.5 billion in tax credits and exemptions, grants, waived fees and other financial inducements went to the film industry in 2010, according to data analyzed by the Center on Budget and Policy Priorities. Politicians like to offer this largess because they get photo-ops with celebrities, but the economic payoff is minuscule. George Mason University’s Adam Thierer has called this “a growing cronyism fiasco” and noted that the number of states involved skyrocketed to 45 in 2009 from five in 2002.

In its 2012 study “State Film Studies: Not Much Bang For Too Many Bucks,” the Center on Budget and Policy Priorities found that film-related jobs tend to go to out-of-staters who jet in, then leave. “The revenue generated by economic activity induced by film subsidies,” the study notes, “falls far short of the subsidies’ direct costs to the state. To balance its budget, the state must therefore cut spending or raise revenues elsewhere, dampening the subsidies’ positive economic impact.”

February 24, 2013

Sherlock Holmes and the case of public domain

Filed under: Books, Law, Media, USA — Tags: , , , , — Nicholas @ 10:36

Following up on an earlier post (“The case of the over-extended copyright“), The Economist explains why there is still legal wrangling going on over the copyright claims on Sherlock Holmes:

The situation is muddled by differing copyright regimes in America and elsewhere. No one disputes that the copyright has expired on Conan Doyle’s work anywhere where protection ceases 70 years after an author’s death (he died in 1930). Yet when America reformed its copyright rules in 1978 to introduce a “life plus” model in harmony with the rest of the world for works created starting in 1978, it retained its older term-limited system for property created between 1923 and 1977. Works produced within that range have had their expiration extended to a fixed 95-year term from first publication; anything produced earlier is in the public domain. This umbrella of protection covers ten Holmes stories published in America for the first time as part of The Case-Book of Sherlock Holmes in 1927. These stories are still under copyright until January 1st 2023.

[. . .]

The estate also asserts some trademark rights on the Holmes characters, but Mr Klinger confirms to your correspondent that this was not part of the license claim. Jennifer Jenkins, the director of Duke University’s Centre for the Study of the Public Domain, says trademark protection would be inapplicable, in any case. “Trademark law doesn’t fit what they’re claiming to own or what they’re trying to stop,” she says. Ms Jenkins also dismisses any copyright claim the estate might have to any pre-1923 elements of Holmes’s biography. “The problem is that Sherlock Holmes and Watson are quite clearly in the public domain.” The estate did not respond to a request for details about its intellectual property.

[. . .]

An expert in the duration of copyright terms in America, Peter Hirtle of Cornell University finds no basis for the Conan Doyle estate to claim general ownership over aspects of Holmes from stories that are in the public domain. “Let’s imagine that the fact that Holmes plays the violin was included for the first time in one of the copyrighted stories,” he says via e-mail, “then it can’t be included in any new story that draws on the public domain versions.” But if the “Company” stories rely entirely on public-domain elements, then the estate has no ground to stand on, he adds.

February 23, 2013

“The sequester’s ‘meat-cleaver approach’ of ‘severe,’ ‘arbitrary’ and ‘brutal’ cuts will ‘eviscerate’ education, energy and medical research spending”

Filed under: Bureaucracy, Economics, Government, USA — Tags: , , , , , — Nicholas @ 10:19

Head for the hills! The sequester is coming!

As in: Batten down the hatches — the sequester will cut $85 billion from this year’s $3.6 trillion budget! Or: Head for the storm cellar — spending will be cut 2.3 percent! Or: Washington chain-saw massacre — we must scrape by on 97.7 percent of current spending! Or: Chaos is coming because the sequester will cut a sum $25 billion larger than was just shoveled out the door (supposedly, but not actually) for victims of Hurricane Sandy! Or: Heaven forfend, the sequester will cut 47 percent as much as was spent on the AIG bailout! Or: Famine, pestilence and locusts will come when the sequester causes federal spending over 10 years to plummet from $46 trillion all the way down to $44.8 trillion! Or: Grass will grow in the streets of America’s cities if the domestic agencies whose budgets have increased 17 percent under President Obama must endure a 5 percent cut!

The sequester has forced liberals to clarify their conviction that whatever the government’s size is at any moment, it is the bare minimum necessary to forestall intolerable suffering. At his unintentionally hilarious hysteria session Tuesday, Obama said: The sequester’s “meat-cleaver approach” of “severe,” “arbitrary” and “brutal” cuts will “eviscerate” education, energy and medical research spending. “And already, the threat of these cuts has forced the Navy to delay an aircraft carrier that was supposed to deploy to the Persian Gulf.”

“Forced”? The Navy did indeed cite the sequester when delaying deployment of the USS Truman. In the high-stakes pressure campaign against Iran’s nuclear weapons program, U.S. policy has been to have two carriers in nearby waters. Yet the Navy is saying it cannot find cuts to programs or deployments less essential than the Truman deployment. The Navy’s participation in the political campaign to pressure Congress into unraveling the sequester is crude, obvious and shameful, and it should earn the Navy’s budget especially skeptical scrutiny by Congress.

The Defense Department’s civilian employment has grown 17 percent since 2002. In 2012, defense spending on civilian personnel was 21 percent higher than in 2002. And the Truman must stay in Norfolk? This is, strictly speaking, unbelievable.

The DHS paperwork error that resulted in a boat being seized

Filed under: Bureaucracy, Cancon, Government, USA — Tags: , , , , — Nicholas @ 09:15

There are few things more frustrating to deal with than officious bureaucrats with a rule book (and a gun). Here’s an example of how “the rules” matter more than common sense or rationality:

DHS takes documents supplied by the builder and creates a government form that includes basic information about the boat, including the price.

The primary form, prepared by the government, had an error. The price was copied from the invoice, but DHS changed the currency from Canadian to U.S. dollars.

It has language at the bottom with serious sounding statements that the information is true and correct, and a signature block.

I pointed out the error and suggested that we simply change the currency from US $ to CAD $ so that is was correct. Or instead, amend the amount so that it was correct in U.S. dollars.

I thought this was important because I was signing it and swearing that the information, and specifically the price, was correct.

The DHS agent didn’t care about the error and told me to sign the form anyway. “It’s just paperwork, it doesn’t matter,” she said. I declined.

She called another agent and said simply “He won’t sign the form.” I asked to speak to that agent to give them a more complete picture of the situation. She wouldn’t allow that.

Then she seized the boat. As in, demanded that we get off the boat, demanded the keys and took physical control of it.

What struck me the most about the situation is how excited she got about seizing the boat. Like she was just itching for something like this to happen. This was a very happy day for her.

February 22, 2013

QotD: “Every four years, we elect a new criminal because that’s become the precise job description”

Filed under: Government, Politics, Quotations, USA — Tags: , — Nicholas @ 00:03

First, we have the ongoing charade of “transparency” as regards the president’s assumed right to kill Americans anywhere in the world including, absent a clear statement from this administration, which has not been forthcoming, within the borders of the United States. Then we have the drone program itself, which is a constitutional abomination no matter how effective you presume it is. Then, we have another attempt to reach a kind of bipartisan consensus with the various vandals and predatory fauna in the other party. And then, last, as part of the attempt at bipartisan consensus, a deal is struck in which the president’s hit list is kept in a vault while more fuel is fed into the Benghazi!, BENGHAZI!, BENGHAZI!!!!!!!111!!! infernal machine just as it was so sputtering to a halt that even John McCain was calling a cab to pick him up by the side of the road. I swear, if this deal goes through, Lindsey Graham is going to have a woody you could see from space.

This is what happens when you elect someone — anyone — to the presidency as that office is presently constituted. Of all the various Washington mystery cults, the one at that end of Pennsylvania Avenue is the most impenetrable. This is why the argument many liberals are making — that the drone program is acceptable both morally and as a matter of practical politics because of the faith you have in the guy who happens to be presiding over it at the moment — is criminally naive, intellectually empty, and as false as blue money to the future. The powers we have allowed to leach away from their constitutional points of origin into that office have created in the presidency a foul strain of outlawry that (worse) is now seen as the proper order of things. If that is the case, and I believe it is, then the very nature of the presidency of the United States at its core has become the vehicle for permanently unlawful behavior. Every four years, we elect a new criminal because that’s become the precise job description.

Charles P. Pierce, “A Bad Idea Gets Worse”, Esquire, 2013-02-21

Ford’s wage-doubling myth

Filed under: Business, History, USA — Tags: , , , — Nicholas @ 00:02

In the Financial Post, Philip Cross explains the myth and reality of Ford’s famous wage-doubling ploy:

Start with the premise that Ford raised wages to increase purchasing power. As the Fortune article documents, before raising wages, Ford already had doubled output of the Model T with his innovative use of the moving assembly line, without adding to employment. The moving assembly line is what Ford deserves accolades for. To get an idea of how revolutionary it was, Ford built just over a quarter of a million cars in 1914, as much as the rest of the industry combined, but with 80% fewer workers. In other words, productivity already had doubled, allowing Ford to double wages without increasing labour costs.

And he needed to raise wages. Employee turnover at the Highland Park Model T assembly plant hit 370% in the year before the wage increase, clearly symptomatic of a dysfunctional internal labour market. That means Ford incurred the cost of hiring 52,000 people in 1913 to fill 14,000 jobs. The real reason Ford hiked wages was to reduce the cost of this turnover, not a soft-hearted desire to transfer purchasing power from management Scrooges to the Cratchits of the world.

The plan worked like a charm, as turnover plunged to 16% after wages were doubled, reducing labour costs despite the wage hike. Saying he did it to raise purchasing power was just good public relations. Who wants to advertise that their workplace was so disagreeable they could not keep workers for more than a few weeks at a time?

[. . .]

Ford is still reaping good publicity from the notion its founder spread joy and good cheer in the workplace by raising wages. Its website marvels that “newspapers from all the world reported the story as an extraordinary gesture of goodwill.” The universal appeal of this fable, repeated today by gullible journalists like those at Fortune, is probably because it feeds everyone’s fantasy that one day you’ll show up at work and get that long overdue raise, without your firm compromising its competitive position.

February 21, 2013

The sequester rhetoric ratchets up: “By Friday, expect him to be invoking plagues of frogs and flaming hail”

Filed under: Economics, Government, Media, USA — Tags: , , , , , — Nicholas @ 11:43

Nick Gillespie rounds up the latest batch of rhetorical shit being spewed by both sides over the looming sequester:

Here’s what President Obama is promising will happen if the sequester goes through as he wrote it (yes, it was his idea, as a way of forcing a compromise):

    “If Congress allows this meat-cleaver approach to take place, it will jeopardize our military readiness. It will eviscerate job-creating investments in education and energy and medical research,” Obama warned in a speech at the White House, flanked by emergency workers. “It won’t consider whether we’re cutting some bloated program that has outlived its usefulness or a vital service that Americans depend on every single day.”

By Friday, expect him to be invoking plagues of frogs and flaming hail. As I noted earlier this week, the $85 billion figure that gets invoked is wrong; cuts in fiscal year 2013 will amount to $44 billion or about 1.2 percent of all federal spending. We’ve been hearing for a long time that sequestration alone would kill about 700,000 jobs.

That’s a claim taken as gospel that is based on what can be called “ugly modeling” at best. Because virtually all government spending is counted by definition as adding to GDP, any cut thus means reductions in activity and jobs. Add to that the idea that projectionists routinely assign a multiplier of more than 1.00 to government spending, so that each dollar the feds spend magically creates more than $1 in economic activity.

The country’s experience with recent stimulus spending should give pause to all of us (if it doesn’t, watch this). When the stimulus manifestly failed to reduce unemployment by its own predictions, its architects and defenders in the press nonetheless pronounced it a success and claimed that it saved us from an ever bigger problem. The real problem, you see, was that the stimulus wasn’t big enough. All it takes is a government failure for stimulatarians to channel their inner Andrea True.

Yet there’s every reason to believe that stimulus spending has a multiplier that is well below 1.0, meaning that every dollar that’s spent generated less than a dollar of activity, resulting in a net drain on economic activity. Think about it in a different context: Virtually everybody understands that when local governments shell out massive tax money on sports stadiums, the local economy doesn’t see any net benefits. If you’re lucky, existing entertainment dollars may be spread toward sports facilities, but nobody seriously believes any more that such spending grows the overall economic pie or stimulates anything other than owners’ and players’ bank accounts (in fact, simply having a major professional team in your metro area shaves about $40 per person per year). If building white elephant stadiums and museums with public dollars worked, Cleveland would be the hottest town in the country.

Reason.tv: How Patent Trolls Kill Innovation

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

“My statement to someone that is the victim of a patent troll lawsuit is that you are completely screwed,” says Austin Meyer, who is himself the target of a so-called “patent troll” lawsuit.

Meyer is a software developer and aviation enthusiast. His two passions intersected in the ’90s when he created a flight simulator called X-Plane, which quickly grew in popularity, outlasting even the once-popular Microsoft Flight Simulator. As many software developers do, Meyer made his application available on mobile devices like the iPhone and Android. And this is where he first ran into trouble.

A company called Uniloc has sued Meyer for patent infringement over a patent called, “System and Method for Preventing Unauthorized Access to Electronic Data.” When a computer runs a paid application, one way that developers can assure that a customer has actually purchased the application is by coding the application to match a license code with an encrypted database. This is a method that most paid applications on the Android market use. It’s a method that Meyer argues has been in use since at least the late ’80s. This is the idea that Uniloc claims to own.

February 20, 2013

It’s a valid concern, you have to admit

Filed under: Government, Humour, USA — Tags: , , , — Nicholas @ 11:49

Frank Fleming has a minor, niggling concern that we should pay some attention to:

I believe I have noticed a problem with President Obama’s declaring that he can blow up Americans with drone strikes without due process.

Stick with me here; this is a bit of an esoteric argument. Now, like most people, I celebrate every time Obama obtains more power. Now he can do whatever he feels needs to be done for the country and not be burdened with getting the approval of his lessers first. So the more powerful the presidency, the better for us all. But I had a terrible thought: What if one day we get a bad president?

For instance, take this power to kill Americans with drones. No one worries that Obama will abuse such a power — I mean, we’re talking about a man who was awarded the Nobel Peace Prize just for existing. It’s not like he’s ever going to use that power to blow us up (though, according to his lawyers, he legally could… and if he did, we’d just have to assume he had really, really good reasons). But just imagine if that power wound up in the hands of a president like George W. Bush. He’d probably blow up people with the drone all day, thinking he was playing a video game (“I’m gettin’ me a high score!”). Or worse yet, think of handing Dick Cheney that power. He’d most likely declare a unilateral war on kittens and puppies, blowing them up from the sky and then collecting the tears of children for some evil Halliburton project.

And the power to incinerate people isn’t the only power I fear could fall into the wrong hands. Like, what about the new authority the government has under President Obama to force people to buy things? That’s great for Obama to have, because he can force people to buy things they really do need to buy, like health care (and maybe in the future other things we all should really have, like hybrids or his memoirs). But think of what could happen if a president not as enlightened as Obama wielded such a power, backed by a Congress full of Republican troglodytes? They could make us all buy AR-15s or Big Gulps or Bibles or other dangerous, awful things.

Publicly funded research results should be available to the people who paid for them

Filed under: Books, Government, Media, Science, USA — Tags: , , , — Nicholas @ 09:52

At Techdirt, Mike Masnick explains why publishers are losing their collective shit over a new bill that would require almost all government-funded research to be made generally available:

A year ago, we wrote about Rep. Mike Doyle introducing an important bill to provide public access to publicly funded research. As we’ve been discussing for years, the academic journal business is a huge boondoggle. Unlike just about any other publication, the journals don’t pay their writers (and in many subject areas, authors need to pay to submit), they don’t pay the peer reviewers — and then they charge positively insane amounts to university libraries, often knowing that those libraries feel obligated to pay. Oh yeah, and the journals keep the copyright on everything. I’ve heard of researchers having to redo basic experiments because they were worried they couldn’t even reuse data from earlier experiments due to the copyright assignment agreement they had to sign.

Thankfully, for years, there’s been a law on the books for any NIH-funded research to guarantee that 12-months after publication, those works also had to be published openly. While some publishers have tried to game this system (such as by demanding a mandatory fee to “deposit” the work in an open access database), on the whole this has been hugely important in making sure that taxpayer funded research is actually available and can be built upon. Over the years, there have been multiple bills introduced in both directions on this issue. There have been some bills that sought to take away this requirement under NIH funding and there have been bills that have tried to expand it to the rest of the federal government and any of the research they sponsor.

[. . .]

But, of course, the publishers are really not happy about all of this, calling it “different name, same boondoggle.” This is quite incredible, really, since it’s really the publishers who have been getting away with a giant boondoggle for ages. If that gives you an idea about just how ridiculous the publishers’ claims are, read on. Nearly every claim they make in attacking the bill actually applies to the publishers themselves much more than to the bill [. . .]

Basically, the publishers know that their current position with these journals is such a sweet deal that they don’t want anything to mess with it at all. That’s ridiculous. While they’re fighting for ever bigger profits, we’re talking about access to research that was funded with our own dollars. It’s really sad that the publishers would fight such a thing, though it shows what they really think concerning education. To them, it’s not about how best to disseminate information, but how to lock it up and charge insanely high prices for it.

Incentives matter (a lot) — the growth of “Disabled America”

Filed under: Economics, Government, USA — Tags: , , , , — Nicholas @ 09:40

Colby Cosh discusses the rise and rise of “Disabled America”, the increasing number of adults of working age who are claiming disability support:

Just looking at fiscal and demographic stats from California will cause a cold, invisible hand to clutch at one’s throat, but talking to an endless series of seemingly able-bodied people who casually disclaim any capacity for honest work is even more chilling. When I got home I found out it’s not just California’s problem. In the OECD’s 2010 “Going for Growth” report, the percentage of the working-age labour force (20 to 65 years) receiving any kind of disability benefit or worker’s compensation is estimated at around 5.1 per cent for Canada. For OECD nations as a whole, the figure is 6.7 per cent.

Northern European welfare states, amiright? But for the super-competitive U.S.A., land of the proudly threadbare social safety net, the number was 9.2 per cent.

[. . .]

There is a handful of economists working on the problem without ever gaining much traction in the popular press; the atmosphere of general crisis hasn’t made it any easier for them to be heard. Reading their papers and seeing them plead for the same reforms every few years is almost as depressing as contemplating Disabled America itself. Just as social security for the aged was devised at a time when workers could expect only a few years of life after clearing 65, social security for the disabled was conceived at a time when manual labour was the norm and “disability” denoted identifiable, incapacitating physical injury. No one envisioned a world in which clerical and “knowledge” work had taken over, but the number of people judged totally unable to work had skyrocketed, owing to vague musculoskeletal disorders, unverifiable chronic pain and an astronomical expansion in the definitions of mental illnesses.

If the system is set up to provide more income through disability payments than through a paying job, there will be a tendency for minor ailments to be parlayed into a disability. When the incentives are rigged to encourage a certain kind of behaviour, people will adapt to take advantage of those incentives. If the system will effectively reward you for being “disabled”, it should be no surprise that we get more people applying for disability support.

Even if the economic climate was better, it’s not likely that governments will crack down on those abusing the system for a couple of solid reasons. First, it’s a public relations nightmare waiting to happen and every government worker knows that you never want your name to appear in the media in this kind of context. Second, people on the disability programs don’t count as unemployed and therefore reduce the pressure on the government to “do more” about jobs. And third, it’s easier to just go with the flow and not try to create any ruckus.

February 19, 2013

US Supreme Court okays search warrants issued by dogs

Filed under: Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 15:14

A glum day for civil liberties:

Today the U.S. Supreme Court unanimously ruled that “a court can presume” an alert by a drug-sniffing dog provides probable cause for a search “if a bona fide organization has certified a dog after testing his reliability in a controlled setting” or “if the dog has recently and successfully completed a training program that evaluated his proficiency in locating drugs.” The justices overturned a 2011 decision in which the Florida Supreme Court said police must do more than assert that a dog has been properly trained. They deemed that court’s evidentiary requirements too “rigid” for the “totality of the circumstances” test used to determine when a search is constitutional. In particular, the Court said it was not appropriate to demand evidence of a dog’s performance in the field, as opposed to its performance on tests by police. While the Court’s decision in Florida v. Harris leaves open the possibility that defense attorneys can contest the adequacy of a dog’s training or testing and present evidence that the animal is prone to false alerts, this ruling will encourage judges to accept self-interested proclamations about a canine’s capabilities, reinforcing the use of dogs to transform hunches into probable cause.

Writing for the Court, Justice Elena Kagan accepts several myths that allow drug dogs to function as “search warrants on leashes” even though their error rates are far higher than commonly believed

February 18, 2013

Reason.tv: 3 reasons to build the Keystone XL pipeline

Filed under: Business, Cancon, Environment, Government, USA — Tags: , , , , — Nicholas @ 12:30

Few energy projects have inspired the level of vitriol surrounding the Keystone XL Pipeline, that would run 1,700 miles from Alberta, Canada through the United States to refineries on the Gulf of Mexico.

The oil sands of Alberta are estimated to hold 170 million 170 billon barrels of petroleum, the largest reservoir of black gold outside of Saudi Arabia.

Because the pipeline crosses an international boundary, President Barack Obama has the final say over whether to give the project a green light.

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