Quotulatiousness

April 29, 2011

Toronto Star: War crimes investigation possible for Canadians in Afghanistan

Filed under: Cancon, Law, Military — Tags: , , , , — Nicholas @ 15:52

The International Criminal Court seems to think that Canadian officials may be complicit in war crimes over the Afghan detainees:

Prosecutor Luis Moreno-Ocampo says in a documentary soon to be aired on TVO that Canadian officials are not immune to prosecution if there is evidence that crimes were committed by handing over detainees to face torture.

When Toronto filmmaker Barry Stevens asked Moreno-Ocampo in his film, Prosecutor, if the ICC would pursue a country like Canada over its role in Afghanistan, he replied:

“We’ll check if there are crimes and also we’ll check if a Canadian judge is doing a case or not . . . if they don’t, the court has to intervene. That’s the rule, that’s the system, one standard for everyone.”

Moreno-Ocampo could not be reached for further comment about the case Thursday when attempts were made by the Star.

Update: Adrian MacNair is underwhelmed:

As one who has actually been to Afghanistan and seen how the military cares for and treats detainees, it’s a little difficult to swallow the news that the International Criminal Court could investigate Canada for so-called war crimes. I’m not sure what that would accomplish, but it certainly would do nothing to help with the main problem in the country: the insurgency.

I’m unsure as to how or why anybody believes that Canada’s role in Afghanistan is anything more than a humanitarian mission buttressed by security. We’re in the country to provide stabilization for the democratically elected (though admittedly corrupt and fraudulent) government with whom we have specific agreements and rules we must follow.

In providing security to Afghans we are not allowed to hold Afghan nationals for more than 96 hours in our custody, though at the time of the allegations (pre-2007) this was 72 or 48 hours.

It doesn’t seem reasonable to me to expect a foreign military with finite resources to ensure absolute humanitarian oversight of detainees after they’ve been handed over to the Afghan government. That’s like expecting a police officer in Canada to ensure proper oversight of a prisoner he has arrested and brought to justice. Is a police officer morally culpable if a prisoner is raped in prison?

April 25, 2011

Taliban tunnellers re-enact the “Great Escape”

Filed under: Asia, Military — Tags: , , , — Nicholas @ 10:41

This is going to hurt:

The Taliban has staged a jail-break from a high security prison in Afghanistan, freeing 541 prisoners through a network of tunnels that took five months to dig.

In scenes reminiscent of war film The Great Escape, insurgents constructed a 1,050-foot (320m) route into Sarposa Prison, in Kandahar.

Diggers finally broke through into the site last night and hundreds of prisoners, including around 100 Taliban commanders — streamed through the tunnel to freedom over four-and-a-half hours.

They were met by a fleet of cars which whisked them away to freedom. The breakout was completed at around 3.30am.

April 23, 2011

A neat way to address software piracy

Filed under: Gaming, Humour, Technology — Tags: , , , — Nicholas @ 12:52

I still find it hard to believe that Cracked, of all the media entities from the pre-internet era, is worth visiting (and linking to). However, this is good stuff:

The [Arkham Asylum] developers included a little bit of extra code to detect when the game has been pirated, a common tactic used to track a company’s losses or simply mess with cheap people. The game is mostly unchanged when hacked, with one seemingly minor exception: Batman’s glider cape is hilariously unusable and has the aerodynamics of a piece of cardboard riddled with bullet holes.

It’s not that the cape is faulty, apparently; it’s simply that your version of Batman doesn’t know how to use it. Instead of gliding from one surface to another, Batman simply opens his wings over and over like a total ass-clown, causing him to lose altitude and fall down. It’s like you’re being forced to play with the pudgy Batman copycat from the beginning of The Dark Knight.

All the other gadgets still work, so you can always fight your way across the level on foot, right? Well, yeah, except that without the glider cape you’ll be completely stranded in a certain room — you know, the one filled with poisonous gas. That’s right, in the pirated version of Arkham Asylum, the always-prepared Dark Knight is such an useless idiot that he gets himself killed due to his shitty cape.

This trick gets misconstrued a lot as a simple game glitch, so you have people like this guy asking what’s wrong with his game at the official Eidos message board … only for the forum administrator to explain the situation and tell him: “It’s not a bug in the game’s code, it’s a bug in your moral code [punk].“

Another fake war hero emerges

Filed under: Military, USA — Tags: , , , , — Nicholas @ 11:28

This time, it’s a 20-year-old woman in Minnesota:

The town of Cass Lake embraced Elizabeth McKenzie last month when she arrived at the high school in her Army uniform for a welcome home ceremony.

Though she isn’t a tribal member, the Leech Lake Band of Ojibwe Honor Guard gave her a blanket and an eagle feather to honor her as a woman warrior for her service in Afghanistan. There was a tribal drum ceremony and a reception line. Accepting the town’s gratitude, McKenzie talked about the close calls she’d had and a war injury that brought her home. She led the march in the high school gym, carrying the American flag, and the local newspaper documented the hero’s return.

But none of it was true. The 20-year-old McKenzie was never injured in combat, had never been to Afghanistan, never been deployed anywhere. In fact, she’s never been in the military.

Now the 2009 grad of Cass Lake High School has been cited for impersonating an officer, which in Minnesota includes the military. And the people of Cass Lake are trying to recover from feeling duped by their own good intentions.

April 22, 2011

DC business owner successfully fights photo tickets

Filed under: Bureaucracy, Law, Technology — Tags: , — Nicholas @ 16:17

Jon sent me this link, which shows that you sometimes can fight speed camera tickets:

Five times and counting before three different judges, the Prince George’s County business owner has used a computer and a calculation to cast reasonable doubt on the reliability of the soulless traffic enforcers.

After a judge threw out two of his tickets Wednesday, Mr. Foreman said he is confident he has exposed systemic inaccuracies in the systems that generate millions of dollars a year for town, city and county governments.

He wasn’t the only one to employ the defense Wednesday. Two other men were found not guilty of speeding offenses before a Hyattsville District judge during the same court session using the same technique.

“You’ve produced an elegant defense and I’m sufficiently doubtful,” Judge Mark T. O’Brien said to William Adams, after hearing evidence that his Subaru was traveling below the 35-mph limit – and not 50 mph as the ticket indicated.

April 5, 2011

China’s High Speed Railways: not for the masses

Filed under: China, Government, Technology — Tags: , , , , — Nicholas @ 12:07

Reports of corruption among top officials and soaring costs for China’s HSR network:

. . . question-marks have been raised over these plans after the sacking in February of Liu Zhijun, the minister responsible for building the high-speed network. He was accused of skimming off as much as 1 billion yuan ($152m) in bribes and of keeping as many as 18 mistresses. Zhang Shuguang, another top official in the railways ministry, was later dismissed for corruption. Separately, on March 23rd, state auditors reported that $28m had been embezzled from the 1,300km high-speed line between Beijing and Shanghai, the highest-profile of China’s many rail projects.

Public support for high-speed trains is muted. The trains may reach 350km per hour but fares are proportionately eye-watering. That is all right for well-heeled travellers, happy to have an alternative to flying. But tens of millions of poor migrants who work far afield and flock home for the Chinese new year are being priced out the rail market and have to go by bus (the number of bus journeys is soaring).

The sacking of top officials may be the result merely of one of China’s periodic anti-corruption campaigns. Or it may be the upshot of a high-level factional or personal battle, in which corruption charges are often a favourite weapon. If so, the dismissals would not necessarily affect railway development.

March 31, 2011

Manga translator convicted under Swedish child-porn law

Filed under: Europe, Japan, Law, Media — Tags: , , , — Nicholas @ 12:13

It’s a telling result that someone who is paid to translate Japanese manga can fall afoul of child porn laws:

Last year, Lundström was convicted of possession of pornographic material after 50-odd Manga images stored on his hard drive were classified as child porn. The Swedish court of appeal later agreed that 39 of the illustrated images, none of which has been banned in Japan and none of which shows real people, fitted the definition of child porn. Lundström was fined 5,000 Swedish Crowns (£500). Meanwhile, his main employer, publisher Bonnier Carlsen, has stopped giving him translating commissions, and Lundström has been burdened with a reputation of traversing the biggest taboo of our time: getting off on kids. The case has now been appealed to the Supreme Court.

Cultural commentator Ulrika Knutson did not exaggerate when, earlier this week, she described the case as a ‘Swedish censorship scandal, perhaps the worst one in modern times’. As she points out, it should not simply be left to ‘other young cartoon nerds and Manga fans’ to defend Lundström against the legal and moral trials he has been subjected to since a note informing him that he was suspected of child pornography crimes was slipped through his home mailbox last summer. Instead, anyone who values freedom of speech must also defend the renowned Manga expert.

Whether you like or dislike Manga, it’s one of Japan’s biggest cultural exports. It may not be mainstream entertainment, but there are lots of fans in all western countries. If Sweden and other countries are going to retroactively decide that they are considered child porn, the courts are going to be very, very busy:

In other words, Swedes are not allowed to own or intentionally look at drawn images of non-real characters that a court could determine might to some people resemble child-like figures in situations that for some could be sexually arousing.

It’s an absurd situation: judges deliberating over the artistic merits of images, trying to determine what stage of puberty illustrated characters might be at and speculating over what kind of thoughts they might stimulate among adults. As for Lundström’s images, apparently the judges who convicted him felt that Manga comics, which are read and loved by millions around the world, violate children.

March 20, 2011

Hacking a secure WiFi connection not illegal, says Dutch court

Filed under: Europe, Law, Technology — Tags: , , , , — Nicholas @ 11:09

An interesting legal precedent may not be as far-reaching as the headline might imply:

Breaking in to an encrypted router and using the WiFi connection is not an criminal offence, a Dutch court ruled. WiFi hackers can not be prosecuted for breaching router security.

A court in The Hague ruled earlier this month that it is legal to break WiFi security to use the internet connection. The court also decided that piggybacking on open WiFi networks in bars and hotels can not be prosecuted. In many countries both actions are illegal and often can be fined.

[. . .]

The Judge reasoned that the student didn’t gain access to the computer connected to the router, but only used the routers internet connection. Under Dutch law breaking in to a computer is forbidden.

A computer in The Netherlands is defined as a machine that is used for three things: the storage, processing and transmission of data. A router can therefore not be described as a computer because it is only used to transfer or process data and not for storing bits and bytes. Hacking a device that is no computer by law is not illegal, and can not be prosecuted, the court concluded.

The key here is the definition of a computer under the law: I expect the Dutch to update this definition in response to the outcome of this case.

February 14, 2011

The plod may not get around to protecting you, but you’ll be charged if the burglar is hurt while stealing your stuff

Filed under: Britain, Law, Liberty — Tags: , , — Nicholas @ 12:04

Ah, England. Land of green hills, picturesque village pubs, and absolutely daft law enforcement priorities:

A spate of thefts in several towns and villages in Kent and Surrey over the past few months led to many householders taking action to protect their property.

Some have been warned by police that using wire mesh to reinforce shed windows was ”dangerous’’ and could lead to criminals claiming compensation if they ”hurt themselves’’.

Thieves target sheds to steal lawnmowers, power drills, bicycles and a variety of DIY tools.

Thomas Cooper, of Tatsfield, Surrey, used wire mesh to protect three of his garden sheds after two break-ins over the past four years. He decided to take action after reports of a rise in garden raids in the area.

Mr Cooper said: “I reinforced my shed windows with wire mesh, but was told by the police I had to be very careful because thieves can actually sue you if they get hurt.

”It is ridiculous that the law protects them even though they are breaking it.”

It’s getting to the stage that I’m expecting to hear the police in some English town declare that locking your doors and windows will no longer be allowed because of the risks to burglars. That’s only a tiny bit more ridiculous than what they’re already saying.

H/T to Damian Penny for the link.

Update, 2 March: Eugene Volokh does a bit more digging on the original story:

Some readers expressed doubt about the accuracy of the news stories on which I relied, so I e-mailed the Surrey Police Department for more information. Here’s what I learned.

February 10, 2011

Reason.tv responds to Hillary Clinton

Filed under: Economics, Law, Liberty, Politics, Wine — Tags: , , , — Nicholas @ 12:55

January 20, 2011

This is not the powder you were hoping for

Filed under: Humour, Law, USA — Tags: , , — Nicholas @ 07:59

This is bound to show up in some “stupid criminal tricks” roundup:

Florida cops have cuffed a burglary gang who broke into a house and stole the ashes of the owner’s father, believing they were illicit narcotics.

The victim returned to her Silver Springs residence to discover she was short of a few items, including electronics and jewellery. Rather more disturbing was the absence of the ashes of her departed dad, and those of her two Great Danes.

[. . .]

“It was soon discovered that the suspects snorted some of the ashes believing they were snorting cocaine,” local Fox News reports.

Once the penny had dropped, the master criminals ditched their booty, which police are trying to locate.

December 22, 2010

Bad Boy Fencing Star Implicated in Yet Another Jewel Heist

Filed under: Humour — Tags: , , — Nicholas @ 00:35

December 7, 2010

Never mind the scientists

Filed under: Britain, Bureaucracy, Government, Law, Science — Tags: , , , — Nicholas @ 07:19

The British government is finding that scientific evidence is getting in the way of what they want to do, so they’re scrapping the requirement to have scientists provide input:

Ministers will not be required to seek the advice of scientists when making drug classification policy in future, under new government proposals.

The police reform and social responsibility bill, published last week, contains an amendment to the constitution of the Advisory Council on the Misuse of Drugs (ACMD) that would remove the requirement on the home secretary to appoint at least six scientists to the committee.

A further amendment to the Misuse of Drugs Act 1971 would allow the home secretary to place temporary controls on substances for a year by statutory instrument.

The proposals will be of concern to the many doctors and scientists who have criticised the government’s treatment of scientific evidence in the wake of the sacking, last year, of ACMD chairman David Nutt. The then home secretary, Alan Johnson, removed Nutt from the post after the scientist criticised politicians for distorting research evidence and claiming alcohol and tobacco were more harmful than some illegal drugs, including LSD, ecstasy and cannabis.

Why waste a great opportunity to get up in front of the media and sound all “tough on crime” just because the scientists say it’s a load of bollocks?

December 6, 2010

QotD: Ignorance of the law is overwhelmingly common, and getting worse

Filed under: Cancon, Law, Liberty, Quotations — Tags: , , , — Nicholas @ 13:07

The maxim “Ignorance of the law is no excuse” made sense back in the days when the only kind of acts that were illegal were genuine crimes that caused palpable harm to innocent victims: murder, rape, theft, etc.

But with the growth of the regulatory state, every individual is now subject to thousands of pages of densely written federal, provincial and municipal statutes and regulations. The law is also embodied in innumerable judicial decisions. And it’s all in continual flux: Regulations are passed without parliamentary debate, and courts release new judgments daily.

There is probably not a single law professor, judge or legislator in Canada who has even a passing familiarity with, let alone full comprehension of, all the laws we are required to obey. The average joe doesn’t stand a chance. We are all potential offenders every day, no matter how law-abiding we might wish to be.

Given this welter of law, how should those responsible for enforcing it conduct themselves?

Karen Selick, “Drop that pig and put your hands in the air”, National Post, 2010-12-06

What happens when a “hoarder” is also an explosives buff

Filed under: Law, Randomness, USA — Tags: , , — Nicholas @ 13:01

Julie Watson reports on the “largest amount of homemade explosives ever found in one location in the U.S.”

Now authorities face the risky task of getting rid of the explosives. The property is so dangerous and volatile that that they have no choice but to burn the home to the ground this week in a highly controlled operation involving dozens of firefighters, scientists and hazardous material and pollution experts.

[. . .]

Bomb experts pulled out about nine pounds of explosive material and detonated it, but they soon realized it was too dangerous to continue given the quantity of hazardous substances. A bomb-disposing robot was ruled out because of the obstacle of all the junk Jakubec hoarded.

[. . .]

“This is a truly unknown situation,” said Neal Langerman, the top scientist at the safety consulting firm, Advanced Chemical Safety in San Diego. “They’ve got a very good inventory of what’s in there. Do I anticipate something going wrong? No. But even in a controlled burn, things occasionally go wrong.”

He said the burning of the house would provide “an amazing textbook study” for bomb technicians in the future.

San Diego County authorities plan to burn the home Wednesday but need near perfect weather, with no rain, no fog, and only light winds blowing toward the east, away from the city. They have warned residents in the danger zone that they will be given less than 24 hours notice to evacuate their homes for a day, and that nearby Interstate 15, connecting the area to San Diego, will be closed.

Update, 8 December: Controlled burn has been delayed until better weather conditions prevail.

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