Quotulatiousness

June 24, 2013

Irish bank bailouts based on lies and deception

Filed under: Europe, Government — Tags: , , , — Nicholas @ 09:39

In the (Irish) Independent, Paul Williams explains what the bankers did to force the Irish government to bail them out:

TAPE RECORDINGS from inside doomed Anglo Irish Bank reveal for the first time how the bank’s top executives lied to the Government about the true extent of losses at the institution.

The astonishing tapes show senior manager John Bowe, who had been involved in negotiations with the Central Bank, laughing and joking as he tells another senior manager, Peter Fitzgerald, how Anglo was luring the State into giving it billions of euro.

Mr Fitzgerald had not been involved in the negotiations with the Central Bank and has confirmed he was unaware of any strategy or intention to mislead the authorities. Mr Bowe, in a statement last night, categorically denied that he had misled the Central Bank.

The audio recordings are from the bank’s own internal telephone system and date from the heart of the financial crisis that brought the State to its knees in September 2008.

Anglo itself was within days of complete meltdown — and in the years ahead would eat up €30bn of taxpayer money. Mr Bowe speaks about how the State had been asked for €7bn to bail out Anglo — but Anglo’s negotiators knew all along this was not enough to save the bank.

The plan was that once the State began the flow of money, it would be unable to stop.

June 22, 2013

US charges against Snowden were filed on June 14th

Filed under: China, Government, Law, USA — Tags: , , , , — Nicholas @ 09:10

It apparently takes a week for the US government to publicize that it has laid charges…

Federal prosecutors filed espionage charges against alleged National Security Agency leaker Edward Snowden, officials familiar with the process said. Authorities have also begun the process of getting Snowden back to the United States to stand trial.

The charges were filed June 14 under seal in federal court in Alexandria, Va. — and only disclosed Friday.

Snowden has been charged with three violations: theft of government property and two offenses under the espionage statutes, specifically giving national defense information to someone without a security clearance and revealing classified information about “communications intelligence.”

Each of the charges carries a maximum of 10 years in prison.

Snowden, who is a former employee of defense contractor Booz Allen Hamilton, leaked details about far-reaching Internet and phone surveillance programs to The Guardian and The Washington Post earlier this month. He revealed his identity while in Hong Kong, where it is believed he is still hiding.

It’s not clear whether the extradition will be straightforward:

Andy Tsang, Hong Kong’s police commissioner, said that if an extradition request was sent from a country that had a “mutual legal assistance agreement” with Hong Kong, its government would “handle it in accordance with current Hong Kong laws and systems.”

Simon Young, a professor at Hong Kong University’s faculty of law, suggested it was unclear whether Snowden would win or lose any attempt to fight extradition.

He said theft was listed in the U.S.-Hong Kong extradition treaty. “There is an offence listed in the treaty of unlawful handling of property, but this raises the question as to whether information is property and the answer is not clear,” he said in an email.

Interesting – and probably inevitable – legal wrinkle for the NSA

Filed under: Law, Liberty, Technology, USA — Tags: , , , — Nicholas @ 08:58

At Outside the Beltway, Doug Mataconis links to an interesting article:

It’s only been a few weeks since we learned to true scope of the National Security Agency’s data mining of the phone records of American citizens, but already lawyers in civil and criminal cases across the country are seeing the database as a potential discovery goldmine:

    The National Security Agency has spent years demanding that companies turn over their data. Now, the spy agency finds the shoe is on the other foot. A defendant in a Florida murder trial says telephone records collected by the NSA as part of its surveillance programs hold evidence that would help prove his innocence, and his lawyer has demanded that prosecutors produce those records. On Wednesday, the federal government filed a motion saying it would refuse, citing national security. But experts say the novel legal argument could encourage other lawyers to fight for access to the newly disclosed NSA surveillance database.

    “What’s good for the goose is good for the gander, I guess,” said George Washington University privacy law expert Dan Solove. “In a way, it’s kind of ironic.”

    Defendant Terrance Brown is accused of participating in the 2010 murder of a Brinks security truck driver. Brown maintains his innocence, and claims cellphone location records would show he wasn’t at the scene of the crime. Brown’s cellphone provider — MetroPCS — couldn’t produce those records during discovery because it had deleted the data already.

    On seeing the story in the Guardian indicating that Verizon had been ordered to turn over millions of calling records to the NSA last month, Brown’s lawyer had a novel idea: Make the NSA produce the records.

[. . .]

This particular criminal case is, of course, on where the Federal Government is a party to the case as a prosecutor. As such, the Judge must weight not simply the government’s argument that the information requested is classified and thus should not be disclosed, but also the question of whether the prosecution has a duty to turn over the evidence to the Defendant. As a general rule, the prosecution must turn over any evidence that is potentially exclupatory or which tend to call some aspect of the prosecution’s theory of the case into doubt. The rules for what must be turned over vary from state to state, and the Federal Courts have their own rules, but they all generally follow the principles set down by Brady v. Maryland, which established the general rule that Defendants are entitled to be provided with exculpatory evidence that prosecution may have against them.

Of more interest, though, is the likely hood that attorneys may try to gain access to this NSA metadata in cases where the Federal Government is not involved, such as state court criminal proceedings or even civil matters such as divorces

June 20, 2013

Addressing India’s rape problem

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

In Reason, Shikha Dalmia looks at the reality of life in India for far too many women:

… the Indian government has been following the feminist script for nearly half a century with little effect. It would serve the cause of gender equity far better if it simply did its job and provided safe streets, timely justice, and other basic public goods for everyone. The absence of such amenities that are taken for granted in the West is arguably the strongest pillar of patriarchy in India.

India’s official rape statistics — which registered 1.8 rapes per 100,000 people in 2010, compared with the United States’ 27.3 — might suggest that India has no rape problem. But everyone knows that rape is vastly underreported in traditional cultures where women fear stigmatizing themselves and dishonoring their families, especially since the chances of justice are remote. Whatever the correct statistics, they can’t capture a crucial qualitative difference in the rape problem between India and in, say, America.

Setting aside incest and sexual assault by friends and relatives that unfortunately happens in all cultures, in America, a lot of rape is “date rape” that occurs when women exercise their social and sexual freedom. The police rarely have an opportunity to intervene in such situations and the only way of combating this problem is by addressing male attitudes. By contrast, in India far more rapes originate in public settings — parks, streets, and buses — as women go about their daily business. This is eminently preventable, which is why, unlike in America, every new episode triggers fresh protests in India.

The very lack of public safety that allows rape also strengthens patriarchy. For starters, it limits women’s employment options. It is too dangerous for them to take jobs that require evening shifts or long commutes. Some companies offer rides home to women who work late, but this makes women more expensive to hire. Single rural women rarely move to cities, where the bulk of job growth is occurring, as men can. All of this undermines women’s ability to maximize their earning potential and gain financial independence.

Above all, it forces women to rely on their patriarchal families for protection, opening them up to all kinds of restrictions. A woman who has to wait for her father or brother to pick her up from college or work — rather than taking a cab or a bus — can’t just meet whomever she wants, wherever she wants, whenever she wants. Everything she does becomes subject to time, place, and manner restrictions by her family and its moral code.

[. . .]

Feminism will never get rid of patriarchy without first getting rid of the need for it. Patriarchy’s staying power stems not just from backward belief systems but a gritty ground reality. The lack of basic law-and-order means that women have to rely on male physical strength for security making men socially more valuable and more dangerous. This makes men, as feminists point out, both protectors and rapists. Electing female politicians and demanding more gender equality won’t cut this Gordian knot—only good governance that promotes public safety for all will.

June 18, 2013

A brief history of Habeas Corpus

Filed under: History, Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:09

In Reason, Jonathan Hafetz reviews a new book by Anthony Gregory called The Power of Habeas Corpus in America: From the King’s Prerogative to the War on Terror:

This tension between the ideal and the reality of habeas corpus is central to Anthony Gregory’s excellent new book, The Power of Habeas Corpus in America. Gregory, a research fellow at the Independent Institute, provides a valuable contribution to the literature on habeas corpus, one with broader implications for civil liberties, state power, and justice in a liberal democracy. The book does not attempt to capture all of the complex doctrinal shifts in habeas over the centuries. Instead, it synthesizes these developments to underscore a paradox: the way habeas serves as “both as an engine and a curb on state power.” In the process, Gregory charts how power dynamics have historically shaped struggles over habeas and its role in American society.

Gregory situates this paradox early in habeas‘ history. During the 15th and 16th centuries, habeas served mainly as a mechanism for England’s central courts to assert control over ecclesiastical courts and other rival tribunals. By demanding that reason be given why any of the king’s subjects was imprisoned, habeas helped increase the crown’s authority and legitimacy.

By the late 17th century, on the other hand, habeas had become a means of challenging royal authority itself, eventually taking on its modern incarnation as the Great Writ of Liberty. Yet even here, the story is more complex. Building on the pioneering work of historian Paul Halliday, Gregory points out that, contrary to popular interpretations, habeas‘ potential as a judicial constraint on state power was threatened by legislation. Gregory notes, for instance, how the famous Habeas Corpus Act of 1679, labeled by William Blackstone as a “second Magna Carta and stable bulwark of our liberties,” ultimately diluted the writ’s potency and flexibility by tying it down to statute. Increasingly, habeas‘ efficacy would be seen to depend on legislative action — an understanding perhaps best illustrated by U.S. Supreme Court Chief Justice John Marshall’s statement that a federal court’s power to award the writ “must be given by written law.”

[. . .]

The contradictions within habeas were manifested during antebellum America, where the writ was used both to bolster slavery and to undermine it. Slave owners employed habeas to apprehend runaways — for example, by petitioning state courts in the North to assist in apprehending their “property.” Other state courts in the North, by contrast, sometimes used habeas to free slaves or block their return to the South. Ultimately, the ability of state courts to wield habeas in defense of individual liberty was limited by Supreme Court rulings barring state interference with the enforcement of federal fugitive slave laws and, eventually, with federal detentions generally — an example of what Gregory describes as the dangers of centralization.

A significant counter to Gregory’s thesis is the role federal habeas corpus played during the 20th century in helping enforce civil rights in the South and in advancing the criminal procedure revolution undertaken by the Supreme Court to protect the rights of defendants. Gregory’s account here runs against the traditional narrative in which habeas‘ centralization was critical to its continuing role in protecting liberty. In response, Gregory cites the declining utility of federal habeas corpus following several decades of Supreme Court decisions and congressional restrictions that have made it more difficult for prisoners not merely to obtain relief but even to have their claims heard by a judge. Federal habeas, Gregory writes, has become a “shell of what it promised to be.”

June 13, 2013

Twitter and #EthicalCleansing

Filed under: Britain, Law, Liberty, Media — Tags: , , , , — Nicholas @ 10:02

In sp!ked, Mick Hume talks about the dangers to free speech on Twitter:

The latest bizarre episode in this campaign of ‘ethical cleansing’ on the web occurred at the end of last week, when a 21-year-old London student was sentenced to 250 hours of community service as punishment for a 16-word tweet, having been found guilty of sending a malicious electronic message at an earlier hearing.

Like several other recent Twitter incidents, the case began after the murder of Drummer Lee Rigby in Woolwich on 22 May. As a natural home of rumour, gossip and ill-informed opinion, Twitter was soon ablaze with comments about the killing, including rumours that Drummer Rigby had been decapitated in the street. Deyka Ayan Hassan, a 21-year old English and politics undergraduate from north London, quickly joined in the Twitter-fest with what she intended to be a fashion joke about Lee Rigby’s outfit: ‘To be honest, if you wear a Help for Heroes t-shirt you deserve to be beheaded.’ Hassan’s lawyer told the court that this was the sort of remark she would typically make ‘about clothes and shoes she didn’t like’ (which sounds believable enough to anybody familiar with the level of online ‘banter’). Hassan also insists that at the time of tweeting, she did not know that the dead man was a soldier or that Islamic extremists were accused of his murder.

Perhaps unsurprisingly, Hassan’s joke about the t-shirt did not meet with universal approval online. She was soon inundated with hundreds of hate tweets, threatening her with everything from rape to being burned alive in her home. The naive and shocked student then went to a local police station to report these threats and insults. Rather than listen to her complaints, the police arrested Hassan for sending the original tweet. She was then fast-tracked into court, as if this was an urgent case, and pleaded guilty.

Bad taste in humour and a bad sense of timing should not be criminal offences, and the authorities talk about this as though incidents like this don’t actually happen:

Cases such as this demonstrate how the creeping culture of You Can’t Say That is now spreading across the supposedly free fringes of the internet. As other incidents listed below show, it can now be deemed a crime to post accusations, insults or just ‘naughty’ words that tweeters, the police and the courts consider ‘inappropriate’, ‘offensive’ or ‘insensitive’. And we thought that Thought Crime belonged in the realm of fiction.

The Hassan case should also be a warning to those many users of social-media sites who now see it as their role to police what others say online – and to inform the real police about tweets and posts they find offensive. The police are happy to act on such information, since they far prefer pursuing thought criminals across their tweets to chasing real ones on the streets. But as Deyka Ayan Hassan’s experience shows, the law is no respecter of anybody’s freedom of expression. She thought she was reporting a crime, and ended up with a criminal record. Those who try to live by the ‘hate speech’ laws can perish by them, too.

[. . .]

The culture of You Can’t Say That is making seemingly unstoppable progress across society, even while apparently oblivious civil libertarians rage against the spectre of state surveillance. Last September, no less a figure than the UK Director of Public Prosecutions himself announced that ‘offensive comments made on Twitter are unlikely to lead to criminal charges unless they include threats or turn into campaigns of harassment’. In what was billed as ‘an important statement about the boundaries of free speech’, Keir Starmer reportedly ‘suggested that prosecutions would not be brought over one-off jokes made online, even if in they were in poor taste’. Tell that to such examplars of one-off poor taste jokes as Deyka Ayan Hassan and some of the other characters listed below.

May 29, 2013

Why “every homicide perp on death row who is reasonably attractive has groupies”

Filed under: Law, Media — Tags: , , , — Nicholas @ 14:37

In the Los Angeles Times, Charlotte Allen examines the phenomenon of women who fall in love with murderers, terrorists, and other assorted villains:

This, of course, goes against all current conventional wisdom about the kind of men that women want: sensitive, egalitarian, feminism-friendly guys who split the housework 50-50 (or better yet, do it all so their wives can “lean in” at work).

In fact, as any evolutionary psychologist can tell you, women, like other female primates, crave dominant “alpha” males who demonstrate the strength to protect them and pass on survival traits to their children. And in a society such as ours, where the phrase “head of the household” is anathema and men are forbidden to dominate in socially beneficial ways, women will seek out assertive, self-confident men whose displays of power aren’t so socially beneficial.

It’s not surprising, then, that every homicide perp on death row who is reasonably attractive has groupies. Consider the handsome (and widely philandering) Scott Peterson, sentenced in 2005 for killing his wife and unborn son and throwing their remains into San Francisco Bay. The day he checked into San Quentin, he received three dozen phone calls from smitten women, including an 18-year-old who wanted to become the second Mrs. Peterson.

It’s probably a good idea, if you are religious, to say some prayers for Dzhokhar, who is likely to need them. It’s probably a bad idea to feel sorry for him. The worst idea of all, though, is to imagine that the obsessive female attention, adulation and pity lavished on a mass-murder suspect such as Dzhokhar is a cultural anomaly.

President Obama criticizes the abuse of executive power by … President Obama

Filed under: Government, USA — Tags: , , , — Nicholas @ 08:22

Jacob Sullum notes the fascinating debate going on between Barack Obama and the President of the United States:

Last week a guy named Barack Obama gave a speech in which he expressed appropriate concern about the abuse of government power in the name of fighting terrorism. Too bad he’s not in a position to do anything about it.

Obama, who used to teach constitutional law at the University of Chicago, quoted James Madison’s warning that “no nation could preserve its freedom in the midst of continual warfare.” Yet by declaring war against Al Qaeda and its shifting and proliferating allies and offshoots — groups that will not disappear or surrender anytime in the foreseeable future — he has reinforced the rationale for a never-ending military struggle that sacrifices civil liberties on the altar of national security.

Regarding one especially controversial aspect of that struggle, the used of unmanned aircraft to execute people the president identifies as terrorists, Obama incoherently argues that such assassinations are legitimate acts of war and that they are governed by due process (at least when the targets are U.S. citizens). To make matters even more confusing, he says the requirements of due process can be met through secret deliberations within the executive branch.

Obama nevertheless raised the possibility of establishing “a special court to evaluate and authorize lethal action,” which he said “has the benefit of bringing a third branch of government into the process but raises serious constitutional issues about presidential and judicial authority.” In other words, the advantage of consulting a court is that it would subject Obama’s death warrants to independent review; the disadvantage is that it would subject Obama’s death warrants to independent review.

May 26, 2013

Reporting (and omitting to report) certain news items

Filed under: Britain, Media, Religion — Tags: , , , , , — Nicholas @ 09:59

Mark Steyn on what was top of the issue-sheet for journalists discussing the Woolwich murder and the Swedish “youth” riots:

For the last week Stockholm has been ablaze every night with hundreds of burning cars set alight by “youths.” Any particular kind of “youth”? The Swedish prime minister declined to identify them any more precisely than as “hooligans.” But don’t worry: The “hooligans” and “youths” and men of no Muslim appearance whatsoever can never win because, as David Cameron ringingly declared, “they can never beat the values we hold dear, the belief in freedom, in democracy, in free speech, in our British values, Western values.” Actually, they’ve already gone quite a way toward eroding free speech, as both prime ministers demonstrate. The short version of what happened in Woolwich is that two Muslims butchered a British soldier in the name of Islam and helpfully explained, “The only reason we have done this is because Muslims are dying every day.” But what do they know? They’re only Muslims, not Diversity Outreach Coordinators. So the BBC, in its so-called “Key Points,” declined to mention the “Allahu akbar” bit or the “I”-word at all: Allah who?

Not a lot of Muslims want to go to the trouble of chopping your head off, but when so many Western leaders have so little rattling around up there, they don’t have to. And, as we know from the sob-sister Tsarnaev profiles, most of these excitable lads are perfectly affable, or at least no more than mildly alienated, until the day they set a hundred cars alight, or blow up a school boy, or decapitate some guy. And, if you’re lucky, it’s not you they behead, or your kid they kill, or even your Honda Civic they light up. And so life goes on, and it’s all so “mundane,” in Simon Jenkins’s word, that you barely notice when the Jewish school shuts up, and the gay bar, and the uncovered women no longer take a stroll too late in the day, and the publishing house that gets sent the manuscript for the next Satanic Verses decides it’s not worth the trouble … But don’t worry, they’ll never defeat our “free speech” and our “way of life.”

One in ten Britons under 25 is now Muslim. That number will increase, through immigration, disparate birth rates, and conversions like those of the Woolwich killers, British-born and -bred. Metternich liked to say the Balkans began in the Landstrasse, in southeast Vienna. Today, the Dar al-Islam begins in Wellington Street, in southeast London. That’s a “betrayal” all right, but not of Islam.

May 25, 2013

James Delingpole, that intellectual lightweight

Filed under: Britain, Law, Media, Religion — Tags: , , , , — Nicholas @ 08:16

Here he is again, banging on about his failings, particularly over the Woolwich murder:

On occasions like this I really do feel a bit of an intellectual lightweight, I must say. There am I, stuck in the fuddy-duddy mindset where you see a 25-year old father of a one year old boy being hacked to death with meat cleavers on a busy London street and all you can do is respond with the gut feeling that “This is wrong. This is totally wrong!”

Whereas if I were a bit younger, less reactionary and I’d had a proper educational grounding somewhere serious like the LSE, what I would have realised is that you just can’t judge things like this at face value. Sure, there’s a temptation to dwell on what a terrible way to go it must have been for that poor young man; to think about what his family must be going through — his wife and mother especially, who will surely be re-living his imagined death every day from now on till they die; to get quite angry, even, about the perverted political values and warped mindset that led to this barbaric act — and also about the cultural relativism that helped make it possible. But succumbing to this temptation would, of course, be a serious mistake.

No, if you’re a truly enlightened citizen of the modern world, the correct way to respond is the way all those sophisticated intellectual types on Twitter did. You recognise straightaway that the horror of the murder is just a distraction from the real issue. The real issue being, of course, that this regrettable event was the sadly inevitable consequence of Britain’s racism, intolerance and Islamophobia — as demonstrated by Nick Robinson’s bigoted, ignorant and inflammatory use of that reprehensible “of Muslim appearance” comment on BBC news for which he has since, quite correctly, apologised.

Until, as a society, we learn to face up to our collective responsibility for Drummer Lee Rigby’s death, young men like Michael Adebolajo and Michael Adebowale ought to have every right to go on drawing attention to this rampant injustice in whatever way they deem fit. It is frankly outrageous that in order to make their point they had to resort to the blunt instrument of execution by motor vehicle and butcher’s knife. A truly considerate society would have made public funds available for them to afford some properly functioning automatic weaponry. That way these gallant, oppressed freedom fighters could have made their vibrant and refreshingly direct contribution to our national debate with a lot less fuss and a lot less mess — perhaps preventing the disgraceful public overreaction we have witnessed over the last couple of days, everywhere from the hateful, violent racist English Defence League to the hardcore, fascist right-wing BBC.

May 23, 2013

Identity politics and the Woolwich murderers

Filed under: Britain, Media, Politics, Religion — Tags: , , , — Nicholas @ 08:26

Brendan O’Neill on yesterday’s brutal murder in Woolwich:

One of the most shocking things about the brutal attack in Woolwich yesterday was the arrogance with which one of the bloodied knifemen claimed to be acting on behalf of all Muslims. In what sounded like a South London accent, this British-seeming, casually dressed young man bizarrely spoke as if he were a representative of the ummah. He talked about “our lands” and what “our people” have to go through every day. He presumably meant Iraqis and Afghanis, or perhaps the broader global “Muslim family”.

How can a couple of men so thoroughly convince themselves that they speak for all Muslims, to the extent that they seriously believe their savage and psychotic attack on a man in the street is some kind of glorious act of Islamic resistance? Perhaps because they live in a country in which claiming to speak “on behalf of” a community, even if you’ve never been elected by or even seriously talked to that community, is taken seriously. A country where one’s identity, one’s racial or religious or cultural make-up, now counts for everything, certainly for more than what one does or what one believes. A country in which the politics of identity, the narrow and deeply divisive communal politics of shared cultural traits, has been privileged over all other kinds of politics.

The Woolwich murderer’s impromptu claim to be acting on behalf of the grievances of Muslims everywhere echoes the statements made by the 7/7 bombers. “Your democratically elected governments continue to perpetuate atrocities against my people all over the world”, said chief bomber Mohammad Siddique Khan. “My people” — what extraordinary arrogance and self-righteousness. Did Khan ever talk to “his people” or win a mandate from them? Of course not, no more than the knife-wielding nutter in Woolwich engaged with the inhabitants of what he thinks of as “his lands”. Rather, in this era in which any old fool can claim to be a “community spokesperson”, and can be treated seriously as such, these murderous loners seem to be trying a psychotic version of the same trick — claiming that by dint of shared skin colour or common religious sentiment they have the authority to speak on behalf of millions of people they have never met or whose lands they have never visited.

May 21, 2013

Conflating rules for “sexual harassment” with “sexual assault”

Filed under: Bureaucracy, Law, Liberty — Tags: , , , , , , — Nicholas @ 10:17

Wendy Kaminer on the issues of sexual harassment rules on campus:

What’s the difference between an unwelcome request for a date and rape? Pursuant to the Obama administration’s definition of sexual harassment, this is not an easy question to answer.

You have to read the administration’s latest diktat to colleges and universities to believe it. In a joint letter to the University of Montana (intended as ‘a blueprint’ for campus administrators nationwide), the Department of Justice (DoJ) and the Education Department’s Office of Civil Rights (OCR) define sexual harassment as ‘unwelcome conduct of a sexual nature’, verbal or non-verbal, including ‘unwelcome sexual advances or acts of sexual assault’. Conduct (verbal or non-verbal) need not be ‘objectively offensive’ to constitute harassment, the letter warns, ignoring federal court rulings on harassment, as well as common sense. If a student feels harassed, she may be harassed, regardless of the reasonableness of her feelings, and school administrators may be legally required to discipline her ‘harasser’.

They are also required to promulgate detailed policies parroting the DoJ/OCR definition of harassment, as well as procedures for reporting and prosecuting alleged offences: ‘Federal government mandates unconstitutional speech codes at college and universities nationwide’, the Foundation for Individual Rights in Education (FIRE) accurately declares:

‘Among the forms of expression now punishable on America’s campuses by order of the federal government are:

  • Any expression related to sexual topics that offends any person. This leaves a wide range of expressive activity — a campus performance of The Vagina Monologues, a presentation on safe-sex practices, a debate about sexual morality, a discussion of gay marriage, or a classroom lecture on Vladimir Nabokov’s Lolita — subject to discipline.
  • Any sexually themed joke overheard by any person who finds that joke offensive for any reason.
  • Any request for dates or any flirtation that is not welcomed by the recipient of such a request or flirtation.

There is likely no student on any campus anywhere who is not guilty of at least one of these “offences”. Any attempt to enforce this rule evenhandedly and comprehensively will be impossible.’

FIRE is right to note that fair, inclusive enforcement of this mindlessly broad policy is impossible. But I doubt it’s intended to be fairly enforced. I doubt federal officials want or expect it to be used against sex educators, advocates of reproductive choice, anti-porn feminists or gay-rights advocates if their speech of a sexual nature is ‘unwelcome’ by religious conservatives.

May 20, 2013

Counterfeit $100 bills now in circulation, despite all the anti-counterfeiting features

Filed under: Cancon, Technology — Tags: , , , — Nicholas @ 09:44

The new polymer bills were touted as having very hard to counterfeit features, and people apparently believed what they were told — because they haven’t been bothering to check the new bills:

Less than two years ago, the head of the RCMP said Canada’s new polymer bank notes would go a long way in deterring the threat of counterfeiting.

Just last month, the Bank of Canada announced the notes’ sophisticated transparency and holography made them “the most secure bank note series ever issued” by the institution.

Too bad somebody forgot to tell criminals in British Columbia.

Mounties and municipal police in Metro Vancouver are warning the public that several of the fake $100 bills have been detected in the region over the past few weeks.

The fanfare about the security features on the bills, may be part of the problem, said RCMP Sgt. Duncan Pound.

“Because the polymer series’ notes are so secure … there’s almost an overconfidence among retailers and the public in terms of when you sort of see the strip, the polymer looking materials, everybody says ‘oh, this one’s going to be good because you know it’s impossible to counterfeit,'” he said.

“So people don’t actually check it.”

May 9, 2013

Part of the reason the Cleveland kidnapper went undetected is the emphasis on the “War on Drugs”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:48

You may have heard this argument from Radley Balko or the folks at Reason and Reason.tv, but here’s Kristen Gwynnne at Alternet making a very Balko-sounding point about police militarization:

Retired law enforcement veteran Stephen Downing, former captain of detectives in the LAPD, says he has not seen proof that the police officers failed to adequately respond to information in this case; indeed, police cannot possibly crack every case and investigate every angle all the time. At the same time, we must recognize that police are incentivized to go after certain crimes — like drug crimes — and not other, far more heinous crimes, like rape.

In the first place, federal cash giveaways make police departments’ reactions to drug cases much more swift and severe.

“The statistical demands of the drug war and the grants that come from the federal government — all they do is incentivize our local police to chase drugs and chase seizures so they can supplement their budgets,” Downing said. “We call that ‘policing for profit.’”

Furthermore, allowing military training of local police has “turned our police into drug warriors,” instead of “police officers and peace officers.”

“Every police department, every sheriff’s department, and the federal government have personnel that are dedicated 100 percent of the time to drug enforcement,” said Downing, “and the result of that is to use police resources for that purpose.”

[. . .]

Praising the man who helped Amanda Berry escape, Stephen Downing also says police need to become more involved with their communities.

“The community is involved in solving these cases and the willingness of people is helpful,” he said. “If the police would recognize more the true value of their community — that the people are the police and the police are the people — rather than chasing drugs and asset seizures and policing for profit modalities, all our communities would be better off and more aware.”

Update: A few hours later, and Reason also links this piece:

At the crux of the drug war is the victimless crime of narcotics possession and use (and the sales that make that voluntary possession and use possible, tied to which are the weapons needed because of the business’ illegal status). Billions have been spent on law enforcement around the country to combat an essentially private, voluntary choice. Alternet ran a piece this morning explaining some of the perverse benefits for police to going after drug crimes instead of kidnapping, rape and slavery. The rescue of three women by a passer-by from a home police had been alerted to multiple times (and which was apparently occupied by the father of one of the girl’s self-described “best friends”), coupled with incidents like the suspected Boston bomber being spotted not by a massive manhunt but by a homeowner having a cigarette in his backyard and the thwarting of the Times Square bombing not by the heavily-armed and stationary police officers in the area but by local vendors going about their business suggests it’s not money or even manpower but good, alert police work that can solve and stop crimes. Instead, fueled by the militarization of police and the war on drugs, the beat cop’s disappearing while the war on what goes in your body continues, violently.

May 7, 2013

Escaped Colombian convict gets sex change to avoid recapture

Filed under: Americas, Law — Tags: , , , , — Nicholas @ 08:57

You have to admire the dedication of Colombian prison inmate Giovanni Rebolledo who apparently went through a partial sex-change in an attempt to stay off the police radar:

Colombian transgender criminal

After escaping from prison where he had been sentenced to serve 60 years, Giovanni Rebolledo reportedly decided to get breast implants to help him avoid capture.

Despite his rather impressive new rack, Police were able to identify and capture Rebolledo during a routine stop and search in the Viejo Prado district of the northern coastal city of Barranquilla.

Following his extreme make-over, the suspect reportedly was involved to some degree in prostitution in the area.

Depending on where the Colombian justice system decides Rebolledo has to serve the remaining years of the original sentence, “Rosalinda” may be a very popular inmate after this.

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