Quotulatiousness

February 21, 2014

Online bounty hunting

Filed under: Business, Gaming, Law, Technology — Tags: , , — Nicholas @ 09:10

BBC News on a bounty being offered to track down and prosecute those involved in the DDoS attack on the game Wurm:

A bounty of 10,000 euros (£8,200) is being offered to catch the people who took the online multiplayer game Wurm offline.

The game’s servers were victim of a distributed denial of service (DDoS) attack this week and the game remains offline.

A DDoS attack forces a website offline by overloading the site’s servers with more data than it can process.

The bounty is being offered for any “tips leading to a conviction”.

Wurm is a massively multiplayer online role-playing game (MMORPG) that is played on personal computers.

The game takes place in virtual realms and everything in it is created by the players who are taking part. They can compete against each other or combine forces to defend a realm.

The attack happened just after an update to the game.

Writing on Wurm‘s website, one of its creators said it would be back online as soon as possible.

“We were the target of a DDoS attack and our hosting provider had to pull us off the grid for now.

“We will be back as soon as possible, but things are out of our hands since their other customers are affected.

“We can offer 10,000 euros for any tips or evidence leading to a conviction of the person responsible for this attack,” he wrote.

H/T to Hunter for the link.

February 16, 2014

The crime that launched a thousand (bad) editorials

Filed under: Books, Media, USA — Tags: , , , — Nicholas @ 11:20

In the New York Post, Larry Getlen retells the tale of Kitty Genovese’s murder and the myths that grew up around it:

The murder of Kitty Genovese shifted from crime to legend a few weeks later, when The New York Times erroneously reported that 38 of her neighbors had seen the attack and watched it unfold without calling for help.

The Times piece was followed by a story in Life magazine, and the narrative spread throughout the world, running in newspapers from Russia and Japan to the Middle East.

New York became internationally infamous as a city filled with thoughtless people who didn’t care about one another; where people could watch their neighbors get stabbed on the street without lifting a finger to help, leaving them to die ­instead in a pool of their own blood.

The people of Kew Gardens — before that, a relatively crime-free neighborhood where few bothered locking their doors — were referred to in the press as monsters.

But as journalist Kevin Cook details in his new book, Kitty Genovese: The Murder, the Bystanders, the Crime that Changed America (W.W. Nor­ton), some of the real thoughtlessness came from a police commissioner who lazily passed a falsehood to a journalist, and a media that fell so deeply in love with a story that it couldn’t be bothered to determine whether it was true.

February 13, 2014

Disproportional punishment

Filed under: Law, USA — Tags: , , , , — Nicholas @ 10:16

In the Washington Post, Jacob Sullum illustrates the weird disproportionality of the sentences handed out to child porn offenders versus the sentences received by actual child abusers:

The legal treatment of people caught with child pornography is so harsh that they can end up serving longer sentences than people who actually abuse children. In a 2009 analysis, federal public defender Troy Stabenow shows that a defendant with no prior criminal record and no history of abusing children would qualify for a sentence of 15 to 20 years based on a small collection of child pornography and one photo swap, while a 50-year-old man who encountered a 13-year-old girl online and lured her into a sexual relationship would get no more than four years.

Under federal law, receiving child pornography, which could mean downloading a single image, triggers a mandatory minimum sentence of five years — the same as the penalty for distributing it. Merely looking at a picture can qualify someone for the same charge, assuming he does so deliberately and is aware that Web browsers automatically make copies of visited sites. In practice, since the Internet nowadays is almost always the source of child pornography, this means that viewing and possession can be treated the same as trafficking.

The maximum penalty for receiving or distributing child porn is 20 years, and federal sentencing guidelines recommend stiff enhancements based on factors that are extremely common in these cases, such as using a computer, possessing more than 600 images (with each video clip counted as 75 images), and exchanging photos for something of value, including other photos. Federal agents reportedly found 200 child porn videos on Loskarn’s hard drive when they arrested him on December 11.

Ninety percent of federal child-porn prosecutions involve “non-production offenses” like Loskarn’s: downloading or passing along images of sexual abuse, as opposed to perpetrating or recording it. As a result of congressional edicts, the average sentence in such cases rose from 54 months in 2004 to 95 months in 2010, according to a 2012 report from the U.S. Sentencing Commission (USSC). The penalties have become so severe, the commission noted, that judges frequently find ways to dodge them, resulting in wildly inconsistent sentences for people guilty of essentially the same conduct.

January 22, 2014

Private prisons – crony capitalist palaces of injustice

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

The United States has seen a vast increase in the number of drug offenders (the majority of them non-violent) and a corresponding increase in the private prison industry. As Wendy McElroy explains, these are not free-market solutions to a government problem: they’re monuments to crony capitalism:

The United States leads the world, by a large margin, in the production of at least one thing: prisoners. We have 25 percent of the world’s inmates, but just 5 percent of the world’s population.

Where do they come from? Well, since the Anti-Drug Abuse Act of 1986, the number of American inmates has risen from approximately 300,000 to a currently estimated 2.3 million. This statistic points to the role of drug-related victimless “crime” in creating prisoners.

There are other sources. The “private prison complex” is a creation of crony capitalism through which privileged corporations are paid well for the “care” of inmates and for leasing out prison labor to other businesses.

Ten percent of American prisons are now “privately” operated, for-profit businesses. Between 1990 and 2010, the number of for-profit prisons rose 1600 percent, far outpacing the growth of public ones or the population at large. The likelihood of being arrested is already higher in America than anywhere else in the world. That likelihood will rise if the financial incentives to imprison more people continue or increase.

[…]

“Private” prisons are run by corporations to which government outsources the care of inmates. The corporation receives X tax dollars for each prisoner, quite apart from the actual cost of care. This builds in an incentive to skimp on services such as food and medical care. And, indeed, most prison contracts include a “low-crime tax” or “lock-up quota.” This system means taxpayers compensate the corporation for empty cells if the number of prisoners falls below a set quota. A recent report, “Criminal: How Lockup Quotas and ‘Low-Crime Taxes’ Guarantee Profits for Private Prison Corporations,” found the average “occupancy guarantee” to be 90 percent; in four states, it is between 95 percent and 100 percent. Thus the “private” prison is guaranteed a tax-funded profit.

[…]

The “private” prison industry is private in the same sense that crony capitalism is capitalist. Namely, not at all. It is the antithesis of a truly private industry that competes in the free market, does not accept tax funds, and cannot compel labor. By contrast, the “private” prisons enjoy a monopoly over a service that is created by laws and sentencing policies. They receive tax money and preferential treatment. They exploit captive labor through circumstances similar to plantation slavery.

January 9, 2014

The Anti-Social Behaviour, Crime and Policing Bill, “a revolution in law-making, creating an unprecedented form of blank-cheque state power”

Filed under: Britain, Law, Liberty — Tags: , , , — Nicholas @ 11:30

Josie Appleton on the amazingly restrictive bill wending its way through the UK parliamentary process:

The bill includes Injunctions to Prevent Nuisance and Annoyance (IPNAs), which can be issued against anybody whose conduct — or threatened conduct — is capable — on the balance of probabilities — of causing nuisance or annoyance to any person.

Few things in the public space are incapable of at least annoying someone. Some people can be annoyed by busking, ball games, skateboarding, street preaching, protests, and all the rest of it. As the former director of public prosecutions Lord Macdonald QC judged: ‘It is difficult to imagine a broader concept than causing “nuisance” or “annoyance”. The phrase is apt to catch a vast range of everyday behaviours to an extent that may have serious implications for the rule of law.’

[…]

However, the problems don’t stop with clause 1. Other clauses in the bill include Public Space Protection Orders (clause 55), which allow local authorities to ban any activity which has a ‘negative effect on the quality of life’ of the area. This ban can be applied to particular groups or individuals, and can also impose conditions with which such groups must comply. This is drafted so broadly it could target anything from sleeping rough, collecting for charity, public drinking, begging, feeding pigeons, or smoking in parks. Indeed, the lead civil servant agrees that the law could be used against groups ‘if there is a localised issue’, such as a ‘group of Goths’ or ‘twentysomethings listening to music in a park’.

At base, this bill represents a revolution in law-making, creating an unprecedented form of blank-cheque state power. The aim is explicit: rather than create specific powers, it seeks to remove limitations to local authorities’ actions. The civil servant says: ‘We don’t want to put too many constraints in the legislation.’ Well, there is no danger of that.

The bill completes the transformation of the role of the British local authority, from a limited body concerned with public provision to a summary law-maker and public-order power.

January 6, 2014

Police killed in line of duty – the good news and the not-so-good news

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

The good news is that in the United States, the number of police officers killed in the performance of their duties dropped to a level last seen in 1959. The bad news is that the number of people killed by the police didn’t drop:

The go-to phrase deployed by police officers, district attorneys and other law enforcement-related entities to justify the use of excessive force or firing dozens of bullets into a single suspect is “the officer(s) feared for his/her safety.” There is no doubt being a police officer can be dangerous. But is it as dangerous as this oft-deployed justification makes it appear?

    The annual report from the nonprofit National Law Enforcement Officers Memorial Fund also found that deaths in the line of duty generally fell by 8 percent and were the fewest since 1959.

    According to the report, 111 federal, state, local, tribal and territorial officers were killed in the line of duty nationwide this past year, compared to 121 in 2012.

    Forty-six officers were killed in traffic related accidents, and 33 were killed by firearms. The number of firearms deaths fell 33 percent in 2013 and was the lowest since 1887.

This statistical evidence suggests being a cop is safer than its been since the days of Sheriff Andy Griffith. Back in 2007, the FBI put the number of justifiable homicides committed by officers in the line of duty at 391. That count only includes homicides that occurred during the commission of a felony. This total doesn’t include justifiable homicides committed by police officers against people not committing felonies and also doesn’t include homicides found to be not justifiable. But still, this severe undercount far outpaces the number of cops killed by civilians.

We should expect the number to always skew in favor of the police. After all, they are fighting crime and will run into dangerous criminals who may respond violently. But to continually claim that officers “fear for their safety” is to ignore the statistical evidence that says being a cop is the safest it’s been in years — and in more than a century when it comes to firearms-related deaths.

January 5, 2014

Infamous Edinburgh bodysnatchers’ final five victims?

Filed under: Britain, History — Tags: , , — Nicholas @ 10:36

If you’ve ever visited Edinburgh, you’ll probably have heard about the sinister pairing of Burke and Hare, the bodysnatchers who murdered 16 people and sold the bodies to medical students for dissection. In 2012, five skeletons were uncovered during a townhouse renovation in the Haymarket district, and it’s speculated that the four adults and a child were previously unknown victims:

Archaeologists have only now determined that the five date back to the early 19th century following studies by Historic Scotland and consultants Guard Archaeology.

Altogether around 60 bones were found, including four adult jawbones and others believed to be from a child.

The bodies are thought to be those of criminals or dwellers of the poor houses. Those that were not claimed were frequently used for either dissection, to be anatomical skeletons, or both.

Irish immigrants William Burke and William Hare murdered 16 people in Edinburgh in 1828 and sold the bodies as dissection material, but it is thought unlikely that the pair were responsible for the five found in Grove Street as the notoriety of their crimes means that all their victims are believed to have been accounted for.

John Lawson, from the Edinburgh City Council Archaeology Service, was the first to examine the remains on site.

He said: “At the end of the Enlightenment period there was significant demand for cad­avers and which indeed outstripped supply, and that led to a thriving illegal trade, with Burke and Hare clearly the most infamous of those who supplied bodies to medical schools.

“We can’t rule out that those found on Grove Street were sold by the resurrectionists, as they were called, although it might be a stretch to say it was Burke and Hare themselves, given their crimes are well-documented.”

He said that most would be used for dissection, with the skeletons of others used to teach anatomy to students.

But Lawson said it was still unclear why they would have been buried in the garden.

This is a good example of the division of work in the newsroom: the headline says the bodies are linked to Burke and Hare, while the article itself quotes an expert saying it’s “a stretch” to say that. Headlines are usually written by editors, rather than the journalists who put the stories together.

December 23, 2013

Psychiatry does not seek “to colonise everyday life – rather, everyday life now invites colonisation by psychiatry”

Filed under: Health, Science — Tags: , , , — Nicholas @ 11:32

In Spiked, Sandy Starr reviews Gary Greenberg’s recently published The Book of Woe:

There is an inevitable contingency about diagnostic categories, particularly when it comes to psychiatry. Greenberg argues that for all the useful work that goes into constructing these categories, psychiatric diagnosis has a ‘self-validating nature…by which once you’ve created a diagnostic category, the fact that people fit into it becomes evidence that the disorder exists’. Greenberg reminds us that ‘while many diagnoses are made on clinical signs and symptoms rather than on lab tests or other external validators, only in psychiatry are all diagnoses made that way’.

It’s worth adding that this may be changing. As psychiatry seeks to predicate itself more and more upon genetics and neuroscience, there are expectations in some circles that biochemical diagnostic tests for psychiatric disorders will follow ineluctably. This prospect does not reassure me. Psychiatry is attempting the difficult feat of relocating its foundations without toppling its façade, and this involves elisions — several of which are discussed by Greenberg — that leave me feeling less persuaded of the profession’s credentials, not more.

[…]

That said, one can certainly appreciate the need for psychiatry to appear coherent and confident, given the far-reaching consequences of the DSM’s contents. Greenberg explains, for example, how the use of a single ‘and’ where an ‘or’ might have been used, in the definition of ‘paedophilia’ that made its way into the fourth edition, inadvertently made it far easier for US authorities to detain indefinitely (on psychiatric grounds) people who had been convicted of sexual offences against minors. In other words, a single use of the word ‘and’ in the DSM led to a complex domain of morality and law — the culpability (or otherwise) of people charged with sexual offences in various circumstances, and proportionate sentencing for their crimes — becoming subordinate to the considerations of psychiatry.

[…]

‘Once you start to think of your troubles as a disease, your idea of yourself, which is to say who you are, changes’, warns Greenberg. But while psychiatry gives a diagnostic imprimatur to our expectations of ourselves and of one another, psychiatry is not solely capable of bringing about a wholesale alteration of these expectations. To understand what else might account for a psychiatric turn in society, one needs to recognise that we live in a culture in which our adult capacities are constantly denigrated, in which victimhood has become one of the few widely recognised sources of authority, and in which we are constantly encouraged from all directions not only to put our problems on public display (rather than addressing them within the intimate confines of trusted friends, family or — in extremis — psychotherapists or even psychiatrists), but also to assume that our problems will most likely afflict us in perpetuity.

It’s not so much the case that psychiatry now seeks to colonise everyday life — rather, everyday life now invites colonisation by psychiatry. In circumstances such as these, even the most well-meaning and scrupulous psychiatrist might struggle to parse the suffering and idiosyncrasy they encounter, so as to partition it sensibly into the pathological and the normal. Greenberg’s barbs against psychiatry may be well deserved, and are certainly grounded in tantalising insider detail and no small amount of wit. But they represent an incomplete picture of the dynamics he sets out to get to grips with, which lie outside the institution of psychiatry as much as they lie within.

December 17, 2013

Legal precedents and technological change

Filed under: Law, Liberty, Technology, USA — Tags: , , , — Nicholas @ 10:04

At Ace of Spades HQ, Ace explains why a court decision from the 1970s set a very bad precedent for today’s legal and technological world:

Fifty years ago the police had a very limited ability to utilize your fingerprints record to harm you. If you became a suspect in a case — and only in that case — they could painstakingly compare your fingerprints to those found at a crime scene using slow, precious human labor resources.

There were serious practical limits on what could be done with citizen data held in government files. Yes, the government could use that data to put people in jail, but analysis and comparison was a labor intensive process that at least served as a naturally-existing limiting principle on government intrusion: Sure, the government could search your personally-identifying data to connect you with a crime, but, as a practical matter, it was so time-consuming to do so that they generally would not do so, not unless they had a strong suspicion you were actually a culprit.

They wouldn’t just compare every fingerprint on file with every fingerprint found at unsolved crime scenes, after all.

Well, today, they can — and do — actually do that. So there is no longer any practical limitation on the government’s ability to use your DNA to connect you with unknown DNA found at a crime. They can run everyone’s DNA through the database with virtually no effort.

I exaggerate; there is some lab work needed to process the DNA and reduce it to a 13 allele “genetic fingerprint.” Nevertheless, this can all be done fairly inexpensively, and running it through the database once reduced to a short code is very nearly cost-free.

But within the next ten years all of this will become entirely cost-free.

This is why I disagreed with the Supreme Court’s reliance on an old precedent in claiming that the police can take a DNA sample from every single person arrested. Merely arrested, not convicted. They relied on a precedent established at the dawn of investigatory police science, that every arrestee’s fingerprints may be collected and catalogued.

But way ‘back then, there were natural limitations on the State’s power to make use of such data which simply no longer exist. What would have been considered a silly hypothetical sci-fi objection back then — “But what stops the state from merely searching these fingerprints against every fingerprint ever lifted at a crime scene?” — is actual reality now.

The same arguments apply to all police/FBI/NSA mass data collection: cell-phone usage, internet activity, license plate scanning, facial recognition software, and so on. It resets the baseline assumptions of civil society, where the authorities only look for suspects in actual criminal cases, rather than tracking everyone all the time and deducing “criminal” actions without needing to detect the crime. If your first reaction is to think “if you’ve done nothing wrong, you’ve got nothing to fear”, remember that you cannot possibly know all the laws of your country and that statistically speaking, you probably violate one or more laws every day without realizing it (one author suggests it’s actually three felonies per day).

Update: Ayn Rand explained this phenomenon fictionally in Atlas Shrugged.

“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against — then you’ll know that this is not the age of beautiful gestures. We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it. There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one ‘makes’ them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted — and you create a nation of law-breakers and then you cash in on the guilt. Now that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”

December 10, 2013

Manufacturing crime

Filed under: Government, Law, USA — Tags: , , , , — Nicholas @ 11:56

Charles Cooke on the ATF working hard to create new criminals through elaborate entrapment schemes:

The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is probably best known these days for the failure of its disastrous Fast and Furious scheme — a botched initiative that aimed to give American guns to Mexican cartels first and to ask questions later. Under pressure, the administration was quick to imply that the mistake was an aberration. But a watchdog report, published last week by the Milwaukee Journal Sentinel, suggests that the caprice, carelessness, and downright incompetence that marked the disaster was no accident. In fact, that it is endemic in the ATF.

After a bungled sting attracted the suspicion of the Milwaukee press earlier this year, reporters started to examine similar enterprises in the rest of the country. What they found astonished them. Among the tactics they discovered ATF agents employing were using mentally disabled Americans to help run unnecessary sting operations; establishing agency-run “fronts” in “safe zones” such as schools and churches; providing alcohol, drugs, and sexual invitations to minors; destroying property and then expecting the owners to pick up the tab; and hiring felons to sell guns to legal purchasers. Worse, perhaps, in a wide range of cases, undercover agents specifically instructed individuals to behave in a certain manner — and then arrested and imprisoned them for doing so. This is government at its worst. And it appears to be standard operating procedure.

As with Fast and Furious, the primary objective of the ATF’s stings seems not to be to fight a known threat but instead to manufacture crime. Across the country, the agency has set up shops in which it attempts to facilitate or to encourage illegal behavior, and it has drafted citizens into the scheme without telling them that they were involved. It is fishing — nonchalantly, haphazardly, even illegally. And the consequences can go hang.

[…]

At best the ATF’s new techniques constitute illegal entrapment. At worst, they are downright tyrannical. Entrapment is legally permitted if a suspect initiates a crime in the presence of an undercover agent or if he can reasonably be deemed to have been predisposed to commit the crime when offered an opportunity to do so. But it is difficult to see how either of these tests is being met in the Bruner case or in others. Indeed, cases using entrapment are often thrown out of court if the government is seen to have put too much pressure on a suspect or to have made breaking the law so easy or attractive as to render restraint impossible. Per the paper’s report, ATF tactics involved offering ridiculous prices for firearms to attract straw purchasers, requesting that suspects buy specific firearms that carry tougher sentences, or, as it did in one case, showing a known felon how to saw off a shotgun so that they could charge him with a more serious violation when he did it. Will anyone claim that these tactics are legal?

That they are immoral, too, needs less spelling out. Because no formal arrangements were made with the individuals whom the agency selected for involuntary cooperation, there were no means by which they could claim protection for their behavior after the fact. In other words: The federal government knowingly ruined their lives without telling them. And for what? Well, apparently to try to pick low-hanging fruit.

November 28, 2013

QotD: The gun-control debate

Filed under: Law, Liberty, Quotations, USA — Tags: , , , , — Nicholas @ 07:44

I begin rather skeptical of most gun-control proposals. The ones that are pitched in the aftermath of mass shootings are particularly cynical, as they often attempt to regulate circumstances unrelated to the shooting. I still grind my teeth at Mayors Against Illegal Guns running ads in my state citing the Virginia Tech shooting, and talking about the need to shut the “gun show loophole” — even though the shooter didn’t obtain his weapons at a gun show. These sorts of arguments strike me as one part craven opportunism, one part feel-good placebo. (I wanted to say “panacea,” but panacea actually means a genuine cure-all.)

If someone wants to propose a new restriction on gun ownership after a tragedy, and cites that tragedy as a reason to pass it, it’s necessary to show how that new restriction would have prevented, mitigated, or impacted that tragedy. For example, almost none of the gun laws proposed after Newtown would have changed much of anything in that awful shooting, as that disturbed young man stole his mother’s legally purchased guns.

I suppose there are two potential changes to the law that would have significantly altered events in Newtown. First, a total ban on private ownership of firearms, which our friends in the gun-control movement keep insisting isn’t their goal.

Second, a restriction on gun ownership by people who live under the same roof as a person who’s deemed mentally incompetent or a threat to himself or others. Of course, then you get into the questions of what constitutes, “mentally incompetent or a threat to himself or others,” what constitutes “under the same roof”, etc.

Then there are the proposals to limit how many rounds each gun can fire before reloading. Almost every spree shooter — we need a better term for this — has had more than one firearm when they’ve launched their attacks. Instituting 10-round limits would mean that future shooters would get off 20 shots before pausing to reload, presuming they only brought two guns. It’s reasonable to conclude future mass killers will just bring three or four guns when they begin their rampage. This strikes me as a quite modest mitigation in the danger of these shooters, too modest to seriously consider.

Jim Geraghty, “Why Post-Shooting Gun-Control Debates Are So Insufferable”, National Review Online, 2013-09-18

November 23, 2013

Houston – sex trafficking capital of the world (says Dallas newspaper)

Filed under: Law, Media — Tags: , , , — Nicholas @ 09:17

According to a Dallas newspaper, Houston is the focal point of a vast sex trafficking operation:

Check out this obvious crap — unbelievable to any thinking person — in the November 22 Dallas Morning News.

The Texas Senator and Representative that the paper apparently very credulously and obediently took notes from contend that there are 300,000 sex trafficking cases prosecuted every year — “in Houston alone.”

Here’s the quote from the Dallas Morning News editorial:

    Editorial: Cracking down on sex traffickers

    Two Texas Republicans, Sen. John Cornyn and Rep. Ted Poe of the Houston area, are co-sponsoring a bill that would impose stiff penalties on these adult victimizers of up to life in prison. The Justice for Victims of Trafficking Act, which has bipartisan support in both houses, would supplement an existing law that focuses primarily on punishing sex-trafficking organizations abroad.

    Poe and Cornyn estimate that one-quarter of U.S. sex-trafficking victims have Texas roots. Poe says our state’s proximity to Mexico and high immigrant population give the state a particularly high profile. In Houston alone, about 300,000 sex trafficking cases are prosecuted each year.

Do they work butt-drunk at this paper?

300,000? Do you realize how many people that is?

[…]

Of course, Houston’s population is only 2.161 million. So, throw in my fantasy guestimate of at least 200,000 uncaught and unpunished people guilty of sex trafficking on top of the 300,000 supposedly documented. This suggests that a vast segment of Houston’s population — at least 15 percent and maybe 25 percent — is engaged in the business of sex trafficking.

Math is hard.

November 13, 2013

The end of the ASBO … and the start of something worse

Filed under: Britain, Law, Liberty — Tags: , — Nicholas @ 09:09

In sp!ked, Patrick Hayes talks about the new social control mechanism being introduced to replace the notorious ASBO, the Injunction to Prevent Nuisance and Annoyance:

It sounds like a joke, but IPNAs — introduced in Clause 1 of the Anti-Social Behaviour, Crime and Policing Bill, which received its second reading in the House of Lords last week — really do seem quite easy to enforce. Indeed, they make their predecessors, New Labour’s notorious Anti-Social Behaviour Orders (ASBOs), seem like a level-headed intervention into community life in comparison.

The bill says that in order for an IPNA to be granted, a court needs to be satisfied ‘on the balance of probabilities that the respondent has engaged or threatens to engage in conduct capable of causing nuisance or annoyance to any person’. Once satisfied, the court can issue an IPNA in order ‘to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour’.

It seems that for the Lib-Con coalition government, the problem with ASBOs was not that they circumvented the normal exercise of law by dishing out behaviour-controlling orders to people who hadn’t actually committed any crime, but rather that they only covered behaviour that might cause ‘harassment, alarm or distress’. So it has introduced IPNAs, which cover everyday nuisance and annoying behaviour, too. In fact, you don’t actually have to be annoying to get an IPNA — even the threat of behaving annoyingly can earn you one of these orders that do not require criminal-law standards of proof and can instead be handed out, to anyone over 10, at a court’s convenience. If you flout an IPNA, you face up to three months in prison.

November 12, 2013

Corruption watch: US government edition

Filed under: Government, Law — Tags: , , , , , — Nicholas @ 13:10

In his weekly NFL column, Gregg Easterbrook frequently has extended discussions of non-football items like this week’s quick tour of recent US federal, state, and local government agencies’ corruption news:

This column contends that corruption in government is a larger problem than commonly understood — that a reason expenditures at the federal, state and local levels keep smashing records, yet schools and bridges don’t get built, is that a significant fraction of what government spends is not just wasted, it is stolen.

Last week’s news that two senior admirals have been placed on leave on suspicion of corruption, while two Navy commanders and a senior official of the actual NCIS, not the TV show, have been arrested and charged with corruption, might be just the tip of an iceberg, to employ a nautical metaphor. Here’s a quick tour of recent corruption charges:

In federal government, a top EPA official stole nearly $900,000 from the agency, including through his expense account and by not reporting to work for months at a time yet receiving full pay. Absurdly, he was believed at the EPA when he claimed to be on assignment for the CIA. If the CIA needed an environmental specialist, there is a system by which one would be “detailed,” and the EPA would know.

Recently, an Army contractor was sentenced to 20 years in prison for stealing about $30 million using false invoices. Former congressman Jesse Jackson Jr. recently was sentenced to prison for embezzling from campaign funds; his wife was sentenced for income-tax evasion. (The campaign embezzlement did not cost taxpayers anything, the tax evasion did.)

In state government, the Securities Exchange Commission has accused the state of Illinois of pension bond fraud. The S.E.C. has charged the former head of the California state pension fund with fraud. Members of the New York Senate have been arrested on bribery charges. The lieutenant governor of Florida resigned over involvement with a fake charity.

In local government, the former mayor of Detroit just went to prison for corruption. Several members of the Washington, D.C., city council have been jailed or indicted for corruption, including one in jail for stealing from a youth-sports fund. A former California mayor just pleaded no contest to corruption charges. A former Chicago alderman just pleaded guilty in a corruption case. Chicago might be “the most corrupt city in the country,” with kickbacks and embezzlement costing Chicago taxpayers $500 million per year, a rate that works to $185 annually stolen from each resident.

[…]

In a big, complicated world, there will always be some who steal. Most public officials are honest and work hard to administer public funds properly. But we tend to think of theft in government as a problem of bygone days of bosses in smoke-filled rooms. With evermore money flowing into government, evermore corruption might be one result.

The cult of the victim

Filed under: Law, Media — Tags: , , — Nicholas @ 08:38

In sp!ked, Barbara Hewson explains why the “believe the victim” mantra is a “recipe for injustice”:

First, it creates an ideal climate in which those who have not been abused can claim that they have been. Second, it ignores the ease with which false memories of abuse can be created, whether by self-persuasion, interaction with victim/survivor groups, or influence by third parties with axes to grind. Those third parties may include therapists, policemen, injury lawyers, campaign groups, and journalists avid for scandal. All these players espouse the ideology of victimisation.

In 1997, the US sociologist Joel Best identified seven widely accepted propositions which, taken together, create this powerful ideology:

1) Victimisation is widespread;
2) Its consequences are fundamentally psychological, and long-lasting;
3) Victims are innocent, victimisers are exploitative, and there is no room for moral ambiguity;
4) Both society and victims themselves fail to appreciate the extent of victimisation;
5) People must be taught to recognise their own, and others’ victimisation;
6) Claims of victimisation must not be challenged, as this is ‘victim-blaming’;
7) The word ‘victim’ connotes powerlessness: the term ‘survivor’ is preferable. (1)

Victims/survivors are praised for their courage, and enjoined to recover. The language of recovery is permeated by the doctrinaire religiosity of the 12-step movement, pioneered by the founders of AA in the US. This may explain why some victim-advocacy groups can sound cult-like, with their own jargon (‘grooming’, ‘trafficking’, ‘mind control’) and their disdain for non-believers.

But, like any religion, the victim/survivor movement needs new recruits and new spheres of influence. Not satisfied with sensitising society to victims’ needs, they then demand integration within institutional structures, and then wholesale institutional change. The contemporary victim industry, according to Best, mass-produces victims.

Even those who deny prior experience of victimisation are seen as candidates for conversion. Best quotes the comedienne Roseanne Barr from the early Nineties: ‘When someone asks you, “Were you sexually abused as a child?”, there’s only two answers. One of them is, “Yes”, and one of them is “I don’t know”. You can’t say no.’

What Barr alludes to is the concept of ‘gradual disclosure’. Hugely influential with therapists and social workers, this posits that people who have been abused will initially deny it, and need help to overcome their denial. This is a deeply flawed approach, because it assumes that there is always something to disclose. It refuses to countenance the possibility that a denial means there is nothing to disclose. According to researchers, there is no clinical evidence to support the theory of gradual disclosure (2).

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