Quotulatiousness

September 12, 2011

The increasing militarization of the police

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 12:50

Radley Balko shows how the tools given to the authorities to fight the war on terror have instead been used to further expand the war on drugs:

New York magazine reported some telling figures last month on how delayed-notice search warrants — also known as “sneak-and-peek” warrants — have been used in recent years. Though passed with the PATRIOT Act and justified as a much-needed weapon in the war on terrorism, the sneak-and-peek was used in a terror investigation just 15 times between 2006 and 2009. In drug investigations, however, it was used more than 1,600 times during the same period.

It’s a familiar storyline. In the 10 years since the terror attacks of September 11, 2001, the government has claimed a number of new policing powers in the name of protecting the country from terrorism, often at the expense of civil liberties. But once claimed, those powers are overwhelmingly used in the war on drugs. Nowhere is this more clear than in the continuing militarization of America’s police departments.

The trend toward a more militarized domestic police force began well before 9/11. It in fact began in the early 1980s, as the Regan administration added a new dimension of literalness to Richard Nixon’s declaration of a “war on drugs.” Reagan declared illicit drugs a threat to national security, and once likened America’s drug fight to the World War I battle of Verdun. But Reagan was more than just rhetoric. In 1981 he and a compliant Congress passed the Military Cooperation with Law Enforcement Act, which allowed and encouraged the military to give local, state, and federal police access to military bases, research, and equipment. It authorized the military to train civilian police officers to use the newly available equipment, instructed the military to share drug-war–related information with civilian police and authorized the military to take an active role in preventing drugs from entering the country.

[. . .]

The problem with this mingling of domestic policing with military operations is that the two institutions have starkly different missions. The military’s job is to annihilate a foreign enemy. Cops are charged with keeping the peace, and with protecting the constitutional rights of American citizens and residents. It’s dangerous to conflate the two. As former Reagan administration official Lawrence Korb once put it, “Soldiers are trained to vaporize, not Mirandize.” That distinction is why the U.S. passed the Posse Comitatus Act more than 130 years ago, a law that explicitly forbids the use of military troops in domestic policing.

Update: Also from Radley, a look inside the SWAT team leader’s world.

[. . .] note the complete disregard for the rights of the people being raided in the excerpt above. The author is actually suggesting SWAT commanders lobby to have their teams deployed in situations for which they normally wouldn’t be to ensure they’re in good practice. Put another way, he suggests they practice their door smashing, room-clearing, flash-grenade deploying, and other paramilitary tactics on less-than-violent people, so they’re in better form when a real threat arises. Never mind that there are going to be living, breathing, probably bleeding people on the receiving end of these “practice” raids. There’s officer safety and “SWAT team profile” to think about. It’s just an appalling mindset.

September 11, 2011

QotD: Comparing September 11, 2001 to December 7, 1941

Filed under: History, Media, Quotations, USA, WW2 — Tags: , — Nicholas @ 10:52

On Dec. 8, 1951, the day after the 10th anniversary of Pearl Harbor, The New York Times‘ front page made a one-paragraph mention of commemorations the day before, when the paper’s page had not mentioned the anniversary. The Dec. 8 Washington Post‘s front page noted no commemorations the previous day. On Dec. 7, the page had featured a familiar 10-year old photograph of the burning battleships. It seems to have been published because a new process made possible printing it for the first time in color. At the bottom of the page, a six-paragraph story began: “Greater Washington today will mark the tenth anniversary of the Pearl Harbor attack by testing its air raid defenses.” The story explained that “the sirens are part of a ‘paper bombing’ of Washington” that would include “mock attacks by atom bombs and high explosives.”

The most interesting question is not how America in 2011 is unlike America in 2001, but how it is unlike it was in 1951. The intensity of today’s focus on the 10th anniversary of 9/11 testifies to more than the multiplication of media ravenous for content, and to more than today’s unhistorical and self-dramatizing tendency to think that eruptions of evil are violations of a natural entitlement to happiness. It also represents the search for refuge from a decade defined by unsatisfactory responses to 9/11.

George F. Will, “Commemorating the past to forget the present”, National Post, 2011-09-11

September 10, 2011

How much damage to personal liberty will the new US/Canadian security deal inflict?

Filed under: Cancon, Economics, Liberty, USA — Tags: , , , — Nicholas @ 11:35

An article in the Globe and Mail discusses — in very general terms — the new security deal negotiated between the US and Canadian governments:

U.S. and Canadian negotiators have successfully concluded talks on a new deal to integrate continental security and erase obstacles to cross-border trade.

Negotiators have reached agreement on almost all of the three dozen separate initiatives in the Beyond the Border action plan, said sources who cannot be named because they are not authorized to speak publicly on the matter. The few remaining items mostly involve questions of wording and should be settled in time for an announcement in late September.

[. . .]

Opponents have raised alarms that an agreement would cost Canadians both sovereignty and personal privacy. But failure to implement the agreements could further impair the world’s most extensive trading relationship, and put manufacturing jobs across the country at risk.

Details of the agreement are closely held. But goals outlined earlier include specific proposals to co-ordinate and align such things as biometrics on passports, watch lists, inspection of containers at overseas ports and other security measures.

[. . .]

Canadians who believe that the United States has sold its liberty because of fears for its security, or who resist any further economic integration with the troubled economic giant, are likely to oppose the Beyond the Border proposals.

I don’t oppose trade with the US — far from it — but I do feel very strongly that the US has reduced the liberties of its citizens in pursuit of security (check the topic SecurityTheatre for lots of examples). I don’t want to see that trend exported to Canada in exchange for better economic access to their markets.

September 9, 2011

When drug smugglers go high tech

Filed under: Americas, Law, USA — Tags: , , , , — Nicholas @ 09:07

Strategy Page has more information about the submarine factory that was recently discovered, and the boats they were constructing:

Colombian police recently arrested eighteen members of a gang that specialized in building submarines and semisubmersible boats for transporting cocaine from Colombia to Central America and Mexico. As police suspected, some (five) of those arrested were retired or on active duty with the Colombian Navy (which operates two 1970s ear German built Type 209 submarines). These arrests are part of an intense effort to find the people responsible for building subs for cocaine gangs. Find the builders, and you stop the building efforts.

[. . .]

The submarines that have been captured have, on closer examination turned out to be more sophisticated than first thought. The outer hull is made out of strong, lightweight, Kevlar/carbon fiber that was sturdy enough to keep the sub intact, but very difficult to detect with most sensors. The hull could not survive deep dives, but this boat didn’t have to go deep to get the job done. The diesel-electric power supply, diving and surfacing system and navigational systems of captured (by the army, while under construction) subs were all in working order. It was believed that some of those who built these boats probably had experience building recreational subs. The sub builders also had impressive knowledge of the latest materials used to build exotic boats. It had already become clear that something extraordinary was happening in these improvised jungle shipyards.

The two fiberglass/Kevlar submarines found so far were obviously built to transport cocaine to North America. Neither the United States, nor anyone else who might know, are talking about how many of these subs are out there, or believed to be in operation or under construction. Similar type boats could be built for terrorist or espionage missions.

September 8, 2011

Play it again, Gibson

Filed under: Bureaucracy, India, Law, USA, Woodworking — Tags: , , , , — Nicholas @ 08:59

Allahpundit posted the video clip above, saying:

If I’m understanding the applicable law correctly, Gibson is as much a victim of Indian protectionism as they are federal meddling. Watch the quickie John Roberts segment for the gist of it. The wood they use to make guitar keyboards is sufficiently rare/endangered that it can’t be exported legally from India unless it’s already been finished by Indian workers, and under U.S. law, if the export is illegal under Indian law, then it’s illegal here too. The governing statute, the Lacey Act, was passed in 1900, but only in 2008 was it expanded to include plants as well as animals, which is why Gibson’s now being hassled about the wood. All of which is jim dandy — except for the question of why Gibson seems to be getting so much federal attention vis-a-vis other firms. Roberts touches on that.

H/T to Jon, my former virtual landlord, who commented “I like the way he pulls the finished guitar fret out of his ass.”

Update: Speaking of Jon, he’s all over this issue with another link and extra commentary:

CHRIS DANIEL: Mr. Juszkiewicz, did an agent of the US government suggest to you that your problems would go away if you used Madagascar labor instead of American labor?

HENRY JUSZKIEWICZ: They actually wrote that in a pleading.

[. . .]

He’s even warned clients to be wary of traveling abroad with old guitars, because the law says owners can be asked to account for every wooden part of their guitars when re-entering the U.S. The law also covers the trade in vintage instruments.

As Jon points out, this is more than just an issue for the musical instrument makers and musicians:

It’s only a matter of time until this is applied to tools and furniture.

I wonder where [hand tool maker] Lie Nielsen’s politics lie — but he should be safe, using domestic cherry for his totes and knobs.

Lee Valley might have a problem exporting to the US, what with bubinga and rosewood components and being based in Ottawa, which is now a hotbed of hard-right conservative political thought. (A co-worker is wondering why I’m giggling to myself here).

September 7, 2011

The Perry-Paul pie-fight

Filed under: History, Liberty, Politics, USA — Tags: , , , — Nicholas @ 09:28

The Ron Paul campaign released a new video, pointing out the fact that Paul had been one of a small group that originally supported Ronald Reagan for president (on the basis of Reagan’s professed desire for small government and lower taxes). Rick Perry, on the other hand, worked for Al Gore’s first presidential bid:

As Michael Suede says, it’s amazing that the Perry campaign’s response actually highlights Paul’s consistency and principles:

The Perry campaign released this statement in response to the pummeling:

     “Rep. Paul’s letter is a broadside attack on every element of President Reagan’s record and philosophy. Paul thought President Reagan was so bad, he left the GOP,” said [Perry spokesman Mark] Miner. “It will be interesting to hear Rep. Paul explain why Reagan drove him from the party at tomorrow’s debate on the grounds of the Reagan Library.”

     In one part of the letter, Paul wrote, “There is no credibility left for the Republican Party as a force to reduce the size of government. That is the message of the Reagan years.”

     Paul continued, “Thanks to the President and Republican Party, we have lost the chance to reduce the deficit and the spending in a non-crisis fashion. Even worse, big government has been legitimized in a way the Democrats never could have accomplished.”

     Paul even went so far as to call Reaganomics, “warmed-over Keynesianism.”

In other words, Paul initially supported Reagan because Reagan talked a great game on issues that Paul supported: reducing the size of government and lowering taxes. Reagan was elected, continued talking the talk, but failing to actually do anything — in fact, government continued to grow during his presidency (even if you discount the military build-up). Paul broke with Reagan because Reagan hadn’t done what he was elected to do. And the Perry campaign thinks this is a negative?

You can say a lot of positive things about Reagan, but his actual record was not what his Republican hagiographers pretend that it was.

In the letter, Ron Paul explains that spending under Reagan exploded and that the administration didn’t live up to its promises to keep the debt under control. Then Ron goes on to PREDICT THE FUTURE as he explains the dangers behind exploding deficits. So in essence, the Perry campaign is saying Ron Paul is bad because HE IS TOO CONSERVATIVE.

A bit more on the Lacey Act

Filed under: Bureaucracy, Environment, India, Law, USA, Woodworking — Tags: , , — Nicholas @ 08:53

The Economist has a brief mention of the Gibson raid:

Agents barged in and shut down production. They were hunting for ebony and rosewood which the Fish and Wildlife Service (FWS) alleges was imported from India in violation of the Lacey Act, a 1900 law originally designed to protect fauna from poachers. This law has metastasised: it now requires Americans, in essence, to abide by every plant and wildlife regulation set by any country on Earth. Not having heard of an obscure foreign rule is no defence. Violators face fines or even jail. FWS claims the ebony sent from India was mislabelled, and that Indian law forbids the export of unfinished ebony and rosewood.

[. . .]

Guitarists now worry that every time they cross a state border with their instrument, they will have to carry sheaves of documents proving that every part of it was legally sourced. Edward Grace, the deputy chief of the FWS’s office of law enforcement, says this fear is misplaced: “As a matter of longstanding practice,” he says, “investigators focus not on unknowing end consumers but on knowing actors transacting in larger volumes of product.” But Americans have been jailed for such things as importing lobsters in plastic bags rather than cardboard boxes, in violation of a Honduran rule that Honduras no longer enforces. Small wonder pluckers are nervous.

Original report on the Gibson guitar raid here. Rules like the Lacey Act are tailor-made for petty bureaucrats to exercise immense amounts of judicially unsupervised power. It’s hard to believe that this kind of rule is being enforced evenhandedly, and rather easier to believe that it is being used selectively as a way of paying off scores, providing a “service” to certain firms at the expense of others, and creating lots of opportunities for bribes, “protection money”, and the like.

September 6, 2011

Is the freelancing sector the “new industrial revolution”?

Filed under: Economics, Liberty, USA — Tags: , , — Nicholas @ 09:03

Sara Horowitz, founder of Freelancers Union, presents an anecdote-heavy but data-poor view of the surge in freelancing as “the Industrial Revolution of our time”:

It’s been called the Gig Economy, Freelance Nation, the Rise of the Creative Class, and the e-conomy, with the “e” standing for electronic, entrepreneurial, or perhaps eclectic. Everywhere we look, we can see the U.S. workforce undergoing a massive change. No longer do we work at the same company for 25 years, waiting for the gold watch, expecting the benefits and security that come with full-time employment. We’re no longer simply lawyers, or photographers, or writers. Instead, we’re part-time lawyers-cum-amateur photographers who write on the side.

Today, careers consist of piecing together various types of work, juggling multiple clients, learning to be marketing and accounting experts, and creating offices in bedrooms/coffee shops/coworking spaces. Independent workers abound. We call them freelancers, contractors, sole proprietors, consultants, temps, and the self-employed.

And, perhaps most surprisingly, many of them love it.

I’m in this category myself, as a self-employed technical writer. I buy my own tools, pay my own taxes (reminder to self: next tax installment due on the 15th), and — within reason — set my own working hours. Of course, my clients have a lot to say about when my working hours tend to be, so it’s more an extra degree of flexibility than it is total freedom. But it works well for me.

September 4, 2011

California is apparently not in deep enough trouble

Filed under: Bureaucracy, Economics, Government, USA — Tags: , , — Nicholas @ 10:44

Otherwise, there’s no explanation for yet another extension of the state’s regulatory reach into the lives of everyday citizens. The most recent example is a bill that (at least on first look) appears to mandate workers’ compensation coverage, detailed pay slips (with all deductions clearly indicated), and paid vacation time for babysitters. Coyote Blog would like to see even more of this kind of thing:

I know this is exactly the kind of thing you would expect me to oppose, but I have decided this is exactly the kind of thing California needs. I am tired of average citizens passing crazy requirements on business without any concept of the costs and injustices they are proposing, and then scratch their head later wonder why job creation is stagnant.
I want to propose that California do MORE in this same vein. Here are some suggestions:

  • Every household will have to register for a license to conduct any type of commerce, a license to occupy their house, and a license to hire any employees. Homeowner will as a minimum have to register to withhold income taxes, pay social security taxes, pay unemployment insurance, pay disability insurance, and pay workers comp insurance.
  • Households should have to file a 1099 for every payment they make to contractors
  • All requirements of Obamacare must be followed for any household labor, including payment of penalties for even part-time labor for which the homeowner does not provide medical insurance
  • No alcohol may be purchased by any individual without first applying for and receiving a state liquor license
  • No cigarettes may be purchased by any individual without first applying for and receiving a state cigarette license
  • No over the counter drugs may be purchased by any individual without first applying for and receiving a state over the counter drug license

And the list goes on. But they’re not just being randomly generated: they’re all things that ordinary businesses in California already have to do.

September 3, 2011

US troops allegedly handcuffed and executed children in 2006

Filed under: Middle East, Military, USA — Tags: , , , , , — Nicholas @ 11:05

Wikileaks may have been sitting on a particularly disturbing report:

A U.S. diplomatic cable made public by WikiLeaks suggests that U.S. troops executed at least 10 Iraqi civilians, including a woman in her 70s and a 5-month-old infant, then called in an airstrike to destroy the evidence, during a controversial 2006 incident in the central Iraqi town of Ishaqi.

The unclassified cable, which was posted on WikiLeaks’ website last week, contained questions from a United Nations investigator about the incident, which had angered local Iraqi officials, who demanded some kind of action from their government. U.S. officials denied at the time that anything inappropriate had occurred.

But Philip Alston, the UN’s special rapporteur on extrajudicial, summary or arbitrary executions, said in a communication to American officials dated 12 days after the March 15, 2006, incident that autopsies performed in the Iraqi city of Tikrit showed that all the dead had been handcuffed and shot in the head. Among the dead were four women and five children. The children were all 5 years old or younger.

Claims of American troops committing atrocities were very common, but few of them appear to have been anything other than Al Qaeda propaganda exercises. This may well be another case of this, but the initial investigation implied otherwise:

The original incident report was signed by an Iraqi police colonel and made even more noteworthy because U.S.-trained Iraqi police, including Brig. Gen. Issa al Juboori, who led the coordination centre, were willing to speak about the investigation on the record even though it was critical of American forces.

Throughout the early investigation, U.S. military spokesmen said that an Al Qaeda in Iraq suspect had been seized from a first-floor room after a fierce fight that had left the house he was hiding in a pile of rubble.

But the diplomatic cable provides a different sequence of events and lends credence to townspeople’s claims that American forces destroyed the house after its residents had been shot.

Surge in “escort” ads in cities hosting political conventions

Filed under: Economics, Media, Politics, USA — Tags: — Nicholas @ 10:46

It should be no surprise that the cities hosting the Democratic or Republican party conventions have a brief spike of activity in certain businesses:

The sex workers of Tampa, Florida, and Charlotte, North Carolina, can get ready for a spike in business at the end of next summer: the Republican and Democratic National Conventions, respectively, are coming to town. In the last electoral cycle, the political jamborees were held in Denver and Minneapolis — and there seems to have been a coincidental surge in the local market for sex.

The economists Scott Cunningham and Todd Kendall discovered this by examining advertisements in the “adult services” section on Craigslist, the online ad service. (Craigslist has since closed down this section.)

Using postings in Seattle and Philadelphia as a control group — these cities did not have almost 50,000 visitors descending on them for a few days — the economists estimated that advertisements selling sexual services increased by 29-44 per cent in Minneapolis during the Republican visit and 47-77 per cent in Denver when the Democrats arrived. I’m not going to make jokes about oversexed politicians, largely because the majority of visitors appear to have been journalists.

An even more amusing letter was posted to The Economist on the same general topic:

SIR – You note that call girls are being drawn from far and wide to service America’s political conventions (“On the trail”, July 3rd). While standing in line to register for an American Economic Association annual meeting some years ago, I overheard someone remark that the prostitutes of New Orleans look forward to the arrival of economists in town. While glancing at my colleagues in their ill-fitting suits and dragging cardboard suitcases, I heard the following clarification: “It’s their opportunity to take a week off.”
Robin Watson
Berlin

Do celebrities get better treatment from the police?

Filed under: Football, Law, USA — Tags: , , , — Nicholas @ 10:37

It was interesting to read in this story about the wife of former Viking tight end Joe Senser, that the police waited for a warrant before searching the vehicle, even though the family had given permission:

Phanthavong, 38, was killed as he was putting gas in his car after it ran out of fuel on the ramp leading from westbound Interstate 94 to Riverside Avenue about 11 p.m. He was head cook at True Thai, a restaurant on nearby Franklin Avenue.

He was hit directly by Senser’s vehicle and propelled into the air, Schwebel said. Blood was found on the parts of the Mercedes left at the scene, according to a search warrant.

Investigators received a call at 10:30 p.m. on Aug. 24 from Nelson indicating he was calling on behalf of the registered owner of the suspected vehicle and the owner’s family.

At their Edina home, the Sensers gave investigators the keys to their 2009 Mercedes ML350 and it was towed to the Hennepin County Sheriff’s Office crime lab.

The family gave investigators permission to search the vehicle, but authorities waited until they obtained a search warrant, Nelson said.

September 2, 2011

US flood insurance is “a veritable bucket of fail”

Filed under: Economics, Government, Politics, USA — Tags: , , , , , — Nicholas @ 12:12

Felix Salmon on the state of US flood insurance:

Ben Berkowitz has a big report on the the National Flood Insurance Program — something which is a veritable bucket of fail. In a nutshell, it undercuts private insurers and therefore is the only game in town; it insures only a small minority of homeowners; and it loses gobs of money. In September 2005, the NFIP was $1.5 billion in hock to the federal government; that number has now ballooned to $21 billion, and is certain to rise further.

There’s a simple answer to all these problems: let the NFIP raise its rates. And I don’t understand why it’s not being allowed to do so. If the rates rose, then that might allow private insurers into the flood-insurance game, giving consumers a choice and helping to get the word out about how insuring your home against flood damage is a really good idea. The NFIP could become profitable, and thereby start paying back all the money it owes. And while homeowners are quite price sensitive when it comes to flood insurance, the fact is that so few homeowners take out flood insurance right now that the number would be unlikely to fall dramatically if rates went up to a reasonable level.

September 1, 2011

Did Google buy Motorola Mobility just for the tax advantages?

Filed under: Economics, Europe, Technology, USA — Tags: , , — Nicholas @ 12:12

If so, it was probably a brilliant move:

I think we all know that Google’s pretty good at, um, obeying tax laws to the letter. For example, they’ve paid an entire £8m in UK corporation tax on revenues of some £6bn from 2004 to 2010.

[. . .]

However, this deal to purchase Motorola Mobility might be a coup to beat that hands down. The headline price to purchase the handset-maker and their bundle of patents is $12.5bn but that’s not what the net cost to Google might turn out to be. How about $3.8bn for that? For, along with the company and the patents, Google has also bought a series of tax losses.

For the record, it’s cheap politics to accuse a person or a corporation for paying “only” so much tax. If the politicians have set up the system to allow certain deductions or credits, then you’re insane not to take advantage of them. Like a number of headlines over the last day or so, pointing out that this or that company paid less in taxes than they paid their CEO. If the company paid more than it should, it’s depriving its shareholders of what they are rightfully due, and will likely be facing them in court.

“It is rather amazing how fast Solyndra wasted over half a billion US taxpayer dollars”

Filed under: Environment, Government, Technology, USA — Tags: , , , , — Nicholas @ 09:34

Mike “Mish” Shedlock looks at the breakneck pace of loss at Solyndra, a solar power company that just went bankrupt:

The federal government should get out of the business of picking technology and “green” winners. Government backing of alternate energy companies has been nothing short of disastrous.

A solar energy firm touted by the administration in 2010 as a as a “gleaming example of green technology” today announced bankruptcy. 1,100+ employees will be fired.

[. . .]

The “seen” math is simple enough. $535 million divided by 1,100 is roughly $486,363 per job saved, now job lost.

That is just the “seen” consequence. The “unseen” consequences are not directly calculable but by giving Solyndra money, other companies that the free market would have preferred have been harmed, perhaps permanently harmed.

Although Obama clearly rushed this pathetic company for a nice photo-op, this is not a simple case of the president failing to do his homework as the GAO implies. The government has no business promoting this kind of crap in the first place.

In this case, it is rather amazing how fast Solyndra wasted over half a billion US taxpayer dollars, so fast I suspect fraud.

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