Quotulatiousness

November 21, 2012

“Stop, criminal!”

Filed under: Law, Technology, USA — Tags: , , — Nicholas @ 09:46

Vague legal wording and fuzzy intent turn ordinary activities into crimes:

Are you reading this blog? If so, you are committing a crime under 18 USC 1030(a) (better known as the “Computer Fraud & Abuse Act” or “CFAA”). That’s because I did not explicitly authorize you to access this site, but you accessed it anyway. Your screen has a resolution of 1600×900. I know this, because (with malice aforethought) I clearly violated 18 USC 1030(a)(5)(A) by knowingly causing the transmission of JavaScript code to your browser to discover this information.

So we are all going to jail together.

That’s silly, you say, because that’s not what the law means. Well, how do you know what the law means? The law is so vague that it’s impossible to tell.

The CFAA was written in 1986. Back then, to access a computer, you had to have an explicit user account and password. It was therefore easy to tell whether access was authorized or not. But then the web happened, and we started accessing computers all over the world without explicit authorization.

So, without user accounts or other form of explicit authorization, how do we tell if access to a website is “authorized” or not?

November 19, 2012

“Ron Paul is the San Antonio Spurs of Congress”

Filed under: Liberty, Politics, USA — Tags: , , , — Nicholas @ 13:21

I don’t follow NBA teams, but David Boaz is making a valid point here:

One thing nobody ever points out is that Ron Paul is the San Antonio Spurs of Congress. When they won their third NBA championship in seven years, Washington Post sports columnist Mike Wise praised the resilience of the Spurs, who kept coming back to win without ever being quite a Bulls-style dynasty. He said the Spurs “had their crown taken away twice since 2003 and got it back both times.”

Similarly, Ron Paul is the only current member of Congress to have been elected three times as a non-incumbent. Given the 98 percent reelection rates for House members, it’s no great shakes to win three terms — or 10 terms — in a row. It’s winning that first one that’s the challenge. And Ron Paul has done that three times.

He first won in a special election for an open seat. He then lost his seat and won it back two years later, defeating the incumbent. After two more terms he left his seat to run unsuccessfully for the U.S. Senate. Twelve years later, in 1996, he ran again for Congress, again defeating an incumbent, this time in the Republican primary. Some political scientist should study the political skills it takes to win election to Congress without the benefit of incumbency — three times.

Like many libertarians, I’ve had my differences with Ron Paul on trade agreements, immigration, gay rights and federalism, and his failure to repudiate the associates who put his name on their bigoted newsletters. But as long as he keeps recruiting people, especially young people, to the cause of limited constitutional government, sound money, and non-intervention, I’m glad to see him making an impact.

September 30, 2012

Innovative idea? Better get congressional approval before you go to market

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , , , — Nicholas @ 11:27

Radley Balko linked to this story on Twitter, nominating it for the most “incredibly dumb IP story of the day“. Hard not to agree, possibly even upping that nomination to “of the month” or possibly even “of the year”. Techdirt‘s Mike Masnick has the details:

One of the reasons why we live in such an innovative society is that we’ve (for the most part) enabled a permissionless innovation society — one in which innovators no longer have to go through gatekeepers in order to bring innovation to market. This is a hugely valuable thing, and it’s why we get concerned about laws that further extend permission culture. However, according to the former Register of Copyrights, Ralph Oman, under copyright law, any new technology should have to apply to Congress for approval and a review to make sure they don’t upset the apple cart of copyright, before they’re allowed to exist. I’m not joking. Mr. Oman, who was the Register of Copyright from 1985 to 1993 and was heavily involved in a variety of copyright issues, has filed an amicus brief in the Aereo case (pdf).

[. . .]

But he goes much further than that in his argument, even to the point of claiming that with the 1976 Copyright Act, Congress specifically intended new technologies to first apply to Congress for permission, before releasing new products on the market that might upset existing business models:

    Whenever possible, when the law is ambiguous or silent on the issue at bar, the courts should let those who want to market new technologies carry the burden of persuasion that a new exception to the broad rights enacted by Congress should be established. That is especially so if that technology poses grave dangers to the exclusive rights that Congress has given copyright owners. Commercial exploiters of new technologies should be required to convince Congress to sanction a new delivery system and/or exempt it from copyright liability. That is what Congress intended.

This is, to put it mildly, crazy talk. He is arguing that anything even remotely disruptive and innovative, must first go through the ridiculous process of convincing Congress that it should be allowed, rather than relying on what the law says and letting the courts sort out any issues. In other words, in cases of disruptive innovation, assume that new technologies are illegal until proven otherwise. That’s a recipe for killing innovation.

August 23, 2012

“I am, as a reporter in the Capitol, lied to every day, all day”

Filed under: Government, Media, Politics, USA — Tags: , , — Nicholas @ 11:09

At Politico, the story of a former NPR congressional reporter who finally had enough of the political lies:

After 14 years at National Public Radio, Andrea Seabrook left in July and, to hear her talk about her experience covering Capitol Hill, it’s clear that she had one takeaway: It’s damn frustrating.

“I realized that there is a part of covering Congress, if you’re doing daily coverage, that is actually sort of colluding with the politicians themselves because so much of what I was doing was actually recording and playing what they say or repeating what they say,” Seabrook told POLITICO. “And I feel like the real story of Congress right now is very much removed from any of that, from the sort of theater of the policy debate in Congress, and it has become such a complete theater that none of it is real. … I feel like I am, as a reporter in the Capitol, lied to every day, all day. There is so little genuine discussion going on with the reporters. … To me, as a reporter, everything is spin.”

If you’ve had any contact with politicians, you very quickly learn that they are always trying to spin: it’s just that some of them are naturally better at it than others, and some get help from the media to make them seem better at it.

August 8, 2012

The economy is booming in Parasite City, DC

Filed under: Bureaucracy, Economics, Government, USA — Tags: , , — Nicholas @ 00:02

Gene Healy points out that while the rest of the US is still in the doldrums, there’s one bright spot: the one place that is booming, because it’s almost purely tax dollars feeding the growth.

Have you seen the latest jobs report? Major buzzkill: creeping unemployment, anemic growth, and the recovery’s totally stalled.

But not here: The District is booming! “Washington may have the healthiest economy of any major metropolitan area in the country,” says New York Times D.C. bureau chief David Leonhardt in Sunday’s Gray Lady. “You can actually see the prosperity”!

Yes we can! Construction cranes dominate the downtown skyline, and your average homeless guy can barely grab a stretch of sidewalk before yet another boutique store pops up to bounce his bedroll.

True, if you venture outside the Death Star’s orbit to visit the colonies for Thanksgiving or Christmas, you’ll see a lot of boarded-up storefronts. You might even feel a twinge of shame when Matt Drudge feeds you headlines like “D.C. Leads List of Most Shopaholic Cities in America.”

Whatever: Guilt is for losers! The main lesson the rest of the country should take from the capital’s prosperity is, per Leonhardt, that “education matters.”

D.C.’s “high-skill” economy boasts more college degrees than any other major metropolitan area in America. “If you wanted to imagine what the economy might look like if the country were much better educated,” Leonhardt writes, “you can look at Washington.”

Hey, you people out there in flyover country: We’re eating your lunch because we’re “smarter” than you! Hit the books, rubes: We built this!

August 1, 2012

It’s not congressional gridlock: it’s abdication of responsibility

Filed under: Government, Politics, USA — Tags: , , , , — Nicholas @ 16:23

We’ve all seen journalists refer to the situation in the US congress as being “gridlocked”: the Democrats and Republicans just can’t manage to get along at all, leaving the system constipated and unable to function. Nick Gillespie and Veronique de Rugy in The Hill point out that this is letting the members of congress off far too lightly:

Many observers and participants — including the entire GOP and Democratic leadership — are quick to cry gridlock and to blame inaction on some new awful hyper-partisan or ideological era.

But there isn’t gridlock, which usually results from Democrats and Republicans sharing power and clashing over alternative positions. Gridlock slows things down — almost always a good thing — but it doesn’t stop serious legislation from happening. Welfare reform, balanced budgets, defense cuts and capital-gains tax rate cuts in the 1990s were all the product of gridlock that slowly gave way to consensus.

And today’s Congress is more than happy to pass legislation when it suits members’ interests. In just the past few months, for instance, the ostensibly gridlocked Congress reauthorized the Export-Import Bank program that gives money to foreign companies to buy U.S. goods; extended sharply reduced rates for government-subsidized student loans; re-upped the Essential Air Service program that subsidizes airline service to rural communities; and voted against ending the 1705 loan-guarantee program that gave rise to green-tech boondoggles such as Solyndra and Abound. None of these were party-line votes — all enjoyed hearty support from both Democrats and Republicans.

[. . .]

What we’re actually witnessing — and have been for years now — is not gridlock, but the abdication of responsibility by Congress and the president for performing the most basic responsibilities of government. Despite the fiscal crisis that Washington knows will occur if it fails to deal with unsustainable spending and debt, it hasn’t managed to produce a federal budget in more than three years.

July 9, 2012

Bush vs Obama: degrees of imperialism

Filed under: Government, USA — Tags: , , , , , — Nicholas @ 09:07

Jacob Sullum responds to a Wall Street Journal editorial on whether Obama’s presidency has been more “imperial” than that of George W. Bush:

The first bogus distinction has to do with drug policy. Strassel claims “Obama disagrees with federal law, which criminalizes the use of medical marijuana.” If so, why has the Obama administration steadfastly refused to reclassify marijuana so it can legally be used as a medicine, a power it has under the Controlled Substances Act? Instead it absurdly insists that marijuana has no medical applications, cannot be used safely, and poses a bigger abuse risk than cocaine, morphine, and methamphetamine. Notwithstanding the fact that Obama opposes loosening the federal ban on marijuana, Strassel says Congress’ refusal to do so has led the president to “instruct…his Justice Department not to prosecute transgressors.” This will come as news to the hundreds of medical marijuana suppliers shut down by federal raids or threats of prosecution and forfeiture since Obama took office. By some measures (frequency of raids, for example), Obama’s crackdown on medical marijuana has been more aggressive than Bush’s, and both administrations have in practice taken essentially the same approach, going after growers and sellers rather than individual patients. That policy does not reflect tolerance or compassion so much as the feds’ customary allocation of resources: The DEA, which accounts for less than 1 percent of marijuana arrests, has never shown much interest in minor possession cases.

The second bogus distinction between Obama and Bush has to do with “auto bailouts,” one of the examples Strassel (correctly) cites to illustrate Obama’s power grabs. She seems to have forgotten that it was Bush who initiated the illegal use of money from the Troubled Asset Relief Program to rescue American car manufacturers from their own mistakes (a policy that Obama welcomed as a senator and expanded as president). That episode followed precisely the pattern that Strassel is decrying: The Bush administration unsuccessfully sought congressional approval for bailing out car companies, then did it anyway. This example also undermines Strassel’s mitigation of Bush’s abuses: She incorrectly states that “his aggressive reading of executive authority was limited to the area where presidents are at their core power — the commander-in-chief function.”

June 28, 2012

The US Air Force faces its toughest opponents: the lobbyists

Filed under: Military, Politics, Technology, USA — Tags: , , , — Nicholas @ 08:54

In a stunning outbreak of common sense, the USAF cancelled an order for an expensive UAV because it wasn’t as effective at the intended task as other methods. Battle would soon be joined with the fearsome lobbyists and their congressional minions:

Earlier this year, the U.S. Air Force cancelled existing orders for the RQ-4 Global Hawk UAV and withdrew 18 from service. The Global Hawk manufacturer (Northrop Grumman) unleashed their lobbyists and political supporters on the air force, demanding an explanation for (and reversal of) the decision. The air force responded that the RQ-4 was too expensive and the manufacturer too unreliable. Moreover, reconnaissance mission requirements had changed with the withdrawal from Iraq. High altitude, long duration missions were not needed as much. And those that were needed were better served by using the smaller and cheaper Reaper. Missions normally carried out by the RQ-4 were now handled more efficiently and cheaply by the U-2, which could carry more sensors to higher altitudes. Northrop Grumman insisted it could mount any U-2 sensors on an RQ-4. The air force replied that this had not been their experience. Northrop Grumman would offer to make modification which often went way over budget, took longer than specified and often didn’t work. The air force had been burned once too often by Northrop Grumman when it came to upgrades and fixes on the RQ-4.

[. . .]

Increasingly over the last decade, the air force and the manufacturer of the RQ-4 found themselves feuding over design, cost, and quality control issues. The latest issue was the unreliability of the new Block 30 models. This renewed Department of Defense threats to cancel the program. But Northrop Grumman lobbyists have made sure the key members of Congress knew where Global Hawk components were being built and how many jobs that added up to. While that delayed the RQ-4 Block 30 cancellation it did not stop it. The air force was placated for a while when Northrop Grumman fixed some of the problems (some of which the manufacturer said don’t exist, or didn’t matter). The Block 30 was supposed to be good to go, but the air force was not convinced and decided that Block 30 was just more broken promises. Congress was also tired of all the feuding and being caught between Northrup lobbyists and exasperated air force generals. Then there was politician’s decision to cut the defense budget over the next decade. Something had to go.

Meanwhile, the manned U-2 has continued to operate as expected and, despite its age, with predictable costs. Moreover, the U-2 carries a larger load than the RQ-4 and that means it can do more when it is up there. The U-2 also has its supporters in Congress. So the RQ-4 took a hit so the popular U-2 could keep flying for another decade or so.

[. . .]

There has been plenty of competition for RQ-4 work. In addition to the manned U-2, there is a longer (42 hours) endurance version of the five ton Reaper as well as the jet powered version of the Reaper called Avenger. This aircraft can do 85 percent of what the RQ-4 can, but costs half as much. Moreover, the Avenger is 29 percent faster, although it only has endurance of 20 hours, compared to 35 for the RQ-4. Most importantly, the Avenger and Reaper come from a manufacturer (General Atomics) that has been much more dependable than Northrop Grumman.

June 14, 2012

The Commerce Clause: how it evolved to empower government control of everything

Filed under: History, Law, Liberty, USA — Tags: , , , — Nicholas @ 09:36

U.S. District Judge Roger Vinson ruled that because the Patient Protection and Affordable Care Act’s individual mandate to purchase health insurance is unconstitutional, the entire law “must be declared void.” Judge Vinson cites this Reason.tv video on page 47 of his decision.

May 20, 2012

This is why I don’t expect the Bush tax cut to be allowed to expire

Filed under: Economics, Government, USA — Tags: , , , , — Nicholas @ 08:42

Here it is in one easy-to-understand graph:

Brad Plumer explains:

What will the economy look like in 2013? A great deal depends on what Congress decides to do at the end of this year. Remember, the Bush tax cuts are expiring, the payroll tax holiday will sunset, and a bunch of new spending cuts under the debt-deal “sequester” are scheduled to kick in. Coming all at once, that’s a potentially big drag on growth.

[. . .]

To put this in perspective, the Federal Reserve expects the economy to grow at a roughly 2.9 percent pace in 2013. If Congress does nothing at the end of this year, much of that growth could be wiped out, and there’s a strong possibility that the United States could lurch back into recession. (Granted, a lot could depend on how the Fed reacts in this situation.)

On the flip side, as Ezra discussed in Thursday’s Wonkbook, letting all of the tax cuts expire and spending cuts kick in would also cut the U.S. deficit considerably: “Public debt falls from 75.8 percent in 2013 to 61.3 percent in 2022.”

H/T to Doug Mataconis for the link.

May 2, 2012

We must make internet freedom the new “third rail” of politics

Filed under: Government, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 08:05

L. Neil Smith on the most recent attempt by the US government to get formal control over the internet:

After many previous attempts on the part of different groups for a variety of reasons, the United States House of Representatives has passed a bill that could result in the destruction of freedom on the Internet.

And the erasure of the First Amendment.

I won’t bother you with this week’s misleading acronym for such an atrocity. This specimen is likely to fail in the Senate — because it doesn’t go nearly as far in muzzling each of us as that “parliament of whores” wants it to. The Faux President declares he will veto it, but we’ve heard that before from a criminal imposter who couldn’t move his mouth to speak the truth if his life depended on it — because he couldn’t recognize the truth if it came up to him and pissed in his ear.

What I will tell you is what a lifetime of fending off similar assaults on the Second Amendment — and the unalienable individual, civil, Constitutional, and human right of every man, woman, and responsible child to obtain, own, and carry weapons — has taught me. I know what has to be done now, and what will happen if we don’t do it.

First, don’t be relieved or satisfied if this particular bill doesn’t pass this time. Others will be introduced, one after another, until they wear down our resistance, unless we make every attempt cost them something they can’t afford to lose. We must make our freedom to communicate a political “third rail” and aim for nothing less than total eradication of the very notion of censoring the Internet in any way.

February 16, 2012

The economics of the military-industrial complex

Filed under: Bureaucracy, Economics, Government, Military, Technology, USA, Weapons — Tags: , , , , , , — Nicholas @ 08:57

Eisenhower was right: the military-industrial complex has the US government tight within its grip, and there’s no easy fix. Strategy Page has a useful overview:

For decades the U.S. Armed Forces has been having problems with rapidly growing (much greater than inflation) costs of weapons. Congress passes laws to try and cope and the laws are ignored. One example is the laws calling for accurate life-cycle costs (for development, manufacturer, and maintenance of weapons over their entire service life). A recent study found out that, despite laws calling for accuracy and consistency in these numbers, most manufacturers manipulated the data to make their systems look less expensive than they actually were. The Department of Defense is increasingly taking extreme measures in the face of this corruption and cancelling more and more very expensive systems. But the manufacturers continue to use smoke and mirrors to get new projects started and failed ones funded.

New weapons get approved because of another form of procurement corruption, the Low Ball Bid. Last year the U.S. Air Force demanded that defense contractors stop low balling, which in practice means submitting unrealistically low bids for new weapons (to make it easier for Congress to get things started) and then coming back for more and more money as “unforeseen problems” appear and costs keep escalating and delivery is delayed. Currently, procurement projects are about a third over budget and most items are late as well. Procurement of weapons and major equipment make up about a third of the defense budget. While this is expected to decline over the next decade, as defense budgets shrink, the problem also extends to upgrades and refurbishment of existing equipment.

The most intractable problem is the decades old contractor practice of deliberately making an unreasonably low estimate of cost when proposing a design. The military goes along with this, in the interest of getting Congress to approve the money. Since Congress has a short memory the military does not take much heat for this never ending “low ball” planning process.

January 24, 2012

Sorting out the proper terms of address, American style

Filed under: Media, Randomness, USA — Tags: , , , — Nicholas @ 10:44

In an lengthy aside in his weekly NFL column, Gregg Easterbrook provides a useful summary about how to address current and former holders of various offices (answering a few questions I had about this topic):

In the Republican debate just before the South Carolina primary, John King of CNN addressed the candidates as “Governor Romney,” “Senator Santorum,” “Speaker Gingrich” and “Congressman Paul.” Only Paul actually holds the post connected to the title. [. . .]

Should the news media use titles such as Governor and Speaker for candidates who are not in fact governors or speakers? The authority here is The Protocol School of Washington, which teaches etiquette and, name aside, is located in Columbia, S.C. It maintains a lengthy website on terms of address; the section on addressing former officials is here. The basic rule is that if there are many persons in a category then a former official keeps his or her title when being addressed, while if there is only one of someone, the former person to hold that job does not keep the title.

Since there are many governors and senators, “Governor Romney” and “Senator Santorum” are correct terms of address. But there is only one Speaker of the House, so Gingrich should not be addressed as “Speaker Gingrich.”

The one-or-many rule is the reason judges, generals, admirals, governors, mayors and members of Congress keep their titles for life — but presidents, speakers and cabinet secretaries do not. The Protocol School notes that former president Bill Clinton should not be addressed as “President Clinton,” though having been a governor, he may be addressed as “Governor Clinton.” Former Secretary of State Condoleezza Rice should not be addressed as “Secretary Rice,” she is addressed as “Dr. Rice.” When Dwight Eisenhower left office, he asked to be addressed as “General Eisenhower,” because addressing him as “Mr. President” would have been disrespectful to the sitting president, John Kennedy. Dick Cheney and Al Gore, the Protocol School notes, should not be addressed as “Vice President Cheney” or “Vice President Gore,” because there is only one vice president, though they may be addressed as “Congressman Cheney” or “Senator Gore.”

Thus addressing Next Gingrich as “Speaker Gingrich” is improper and disrespectful to the sitting speaker, John Boehner. As a former member of the House of Representatives, Newt should be addressed as “Congressman Gingrich.”

Considering Gingrich frequently proclaims his great knowledge of history, and considering he misses no chance to savage the media, why doesn’t he correct journalists who improperly address him as “Speaker Gingrich”? Perhaps because being called “Speaker Gingrich” makes him seem more important.

Why do members of the news media address Gingrich improperly? Because it makes them, by reflection, seem important. When news types call him “Speaker Gingrich” or “Mr. Speaker,” it sounds like someone of power and standing is in the room. A relationship of mutual phoniness is established — Gingrich and any journalist addressing him as “Speaker Gingrich” both pretending to be more important than they are.

We don’t have as many different ways to refer to our politicians: they’re generally either “The Honourable” (cabinet ministers, MPs, and senators — they retain the title after retirement if they are members of the privy council, and former cabinet ministers are always members) or “The Right Honourable” (Prime Minister, Chief Justice of the Supreme Court, and former Governors General). The current Governor General, as personal representative of the monarch, is addressed as “Your Excellency”.

January 23, 2012

Could OPEN address the real problems that SOPA/PIPA were supposed to fix?

Filed under: Law, Liberty, Media, USA — Tags: , , , — Nicholas @ 08:57

Christina DesMarais has a summary of the bill introduced by Congressman Darrell Issa to replace SOPA:

Rep. Darrell Issa (R-California) introduced H.R. 3782, the Online Protection and Enforcement of Digital Trade Act in the U.S. House of Representatives on Wednesday, the same day as an Internet protest when a number of high-profile websites such as Wikipedia went dark. Issa says the new bill delivers stronger intellectual property rights for American artists and innovators while protecting the openness of the Internet. Senator Ron Wyden (D-Oregon) has introduced the OPEN Act in the U.S. Senate.

OPEN would give oversight to the International Trade Commission (ITC) instead of the Justice Department, focuses on foreign-based websites, includes an appeals process, and would apply only to websites that “willfully” promote copyright violation. SOPA and PIPA, in contrast, would enable content owners to take down an entire website, even if just one page on it carried infringing content, and imposed sanctions after accusations — not requiring a conviction.

January 19, 2012

SOPA delenda est!

Filed under: Law, Liberty, Technology, USA — Tags: , , , , , — Nicholas @ 12:17

Matt Peckham on the results of yesterday’s blackout:

On Wikipedia’s SOPA Initiative/Lean More page, the site notes that over 12,000 people commented on the Wikimedia Foundation’s post announcing the blackout — ”A breathtaking majority supported the blackout.” On Twitter, Wikipedia says the hashtag topic #wikipediablackout “at one point…constituted 1% of all tweets,” and that SOPA-related Twitter posts were popping off at a rate of a quarter-million every hour. And finally: Wikipedia says over eight million visitors used the site’s zip code tool to look up their elected representatives.

All the traffic to Congressional websites definitely had an impact: At one point Senator Ron Wyden (D-OR) tweeted “Anti- #PIPA, #SOPA traffic has temporarily shut down our website.” Other Congressional websites were reportedly slow to load throughout the day or returned error messages for visitors.

And then, the political dominoes began to fall: Senator Marco Rubio (R-FL) renounced his support for SOPA (he co-sponsored the bill) yesterday on Facebook, Senator Jim DeMint (R-SC) used Twitter to tell the world he now opposes the bill and Senator John Cornyn (R-TX) told his Facebook followers “better to get this done right rather than fast and wrong.”

The New York Times reports “then trickle turned to flood,” noting that Senators Mark Kirk (R-IL), Roy Blunt (R-MO), Jeff Merkley (D-OR) and Chuck Grassley (R-IA) as well as Representatives Lee Terry (R-NE) and Ben Quayle (R-AZ) announced their opposition to the bill. The Times adds that “at least 10 senators and nearly twice that many House members announced their opposition.”

My own tiny contribution wasn’t particularly conclusive: traffic to the blog (in spite of the anti-SOPA clickthrough page) was up by about 20% over the previous week’s average.

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