Quotulatiousness

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.

December 5, 2010

“People talk about how knives are dangerous, and then they go in the kitchen and they have 50 of them”

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:54

Marc Lacey looks at the non-firearm right-to-carry movement:

Arizona used to be a knife carrier’s nightmare, with a patchwork of local laws that forced those inclined to strap Buck knives or other sharp objects to their belts to tread carefully as they moved from Phoenix (no knives except pocketknives) to Tempe (no knives at all) to Tucson (no knives on library grounds).

But that changed earlier this year when Arizona made its Legislature the sole arbiter of knife regulations. And because of loose restrictions on weapons here, Arizona is now considered a knife carrier’s dream, a place where everything from a samurai sword to a switchblade can be carried without a quibble.

Arizona’s transformation, and the recent lifting of a ban on switchblades, stilettos, dirks and daggers in New Hampshire, has given new life to the knife rights lobby, the little-known cousin of the more politically potent gun rights movement. Its vision is a knife-friendly America, where blades are viewed not as ominous but as tools — the equivalent of sharp-edged screw drivers or hammers — that serve useful purposes and can save lives as well as take them.

[. . .]

“People talk about how knives are dangerous, and then they go in the kitchen and they have 50 of them,” said D’Alton Holder, a veteran knife maker who lives in Wickenberg, Ariz. “It’s ridiculous to talk about the size of the knife as if that makes a difference. If you carry a machete that’s three feet long, it’s no more dangerous than any knife. You can do just as much damage with an inch-long blade, even a box cutter.”

[. . .]

“We had certain knives that were illegal, but I could walk down the street with a kitchen knife that I used to carve a turkey and that would be legal,” Ms. Coffey said. “I’d be more scared of a kitchen knife than a switchblade.”

She said switchblade bans were passed in the 1950s because of the menacing use of the knives in movies like “West Side Story” and “Rebel Without a Cause.”

Police complaint filed after Tom Flanagan’s “fatwa”

Filed under: Cancon, Government, Law, Liberty, Politics — Tags: , , , , — Nicholas @ 10:41

Consistency, people! If we condemn Islamic leaders who call for the death of people who “offend” Islam, we should also condemn Canadian political operatives who call for the assassination of Julian Assange:

Vancouver lawyer Gail Davidson filed a written complaint today (December 4) with Vancouver police and the RCMP against Prime Minister Stephen Harper’s former campaign manager, Tom Flanagan.

Davidson alleged that on a November 30 CBC television broadcast, Flanagan “counselled and/or incited the assassination of Julian Assange contrary to the Criminal Code of Canada”.

Assange is the founder of Wikileaks, which is releasing 250,000 U.S. diplomatic cables.

On the Power and Politics program hosted by Evan Solomon, Flanagan said: “Well, I think [Julian] Assange should be assassinated, actually. I think Obama should put out a contract and maybe use a drone or something.”

I doubt that the case will go very far, and it may not be meant to: it’s communicating a message.

November 16, 2010

It was such an urgent threat that only a week later, the authorities reacted

Filed under: Britain, Bureaucracy, Law, Liberty — Tags: , , , , , , — Nicholas @ 08:29

A good round-up of the “Twitter bomber” case:

It all started with a moment of grumpy sarcasm on Twitter. Frustrated that his planned trip to Northern Ireland was put in jeopardy by heavy snow at Robin Hood Airport in Doncaster, Mr Chambers whipped out his iPhone and posted the following message on the social networking site: ‘C***! Robin Hood Airport closed. You have got a week to get your s*** together, otherwise I’m blowing the airport sky high!’

A week later, he was in a police ­station being quizzed as a potential terrorist. He was eventually prosecuted under a law aimed at nuisance calls rather than under legislation for bomb hoaxes, which requires stronger evidence of intent.

After all, it was plain as a pikestaff that Mr Chambers didn’t have any intent to bomb anything at all. Even so, he was hauled before magistrates, found guilty of sending a menacing electronic communication and fined £385. A few days ago, Mr Chambers lost his appeal against his conviction and sentence.

He will now have to pay £2,600 legal costs as well. Judge Jacqueline ­Davies, who was sitting with two magistrates, ruled the tweet was ‘menacing in its content and obviously so’, claiming ‘any ordinary person’ would ‘be alarmed’ by it.

November 9, 2010

How to create false sympathy for “victims”

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 13:16

Adrian MacNair gives a couple of examples of how to manipulate your reader into a sympathetic view of someone who isn’t actually a victim:

In the first instance we have a story about a court pondering whether a person can agree in advance to unconscious sex. It’s not a particularly edifying piece of news as it discusses an Ottawa court case involving a kinky couple who were involved in sex involving asphyxiation.

Although the article focuses on the court’s upcoming ruling of “sexual autonomy”, a quote from a woman’s legal advocacy group, and the background details of the alleged assault, we only learn in paragraph nine about an extremely important detail:

“The woman took her complaint to Ottawa police two months after the alleged assault, when she was seeking custody of the couple’s toddler.”

Two months after the fact, while embroiled in a custody battle. Sounds like something that could have been delivered a little higher in the story. Indeed, one could rewrite it in such a way that implies this parent is using the legal system in a manipulative way that challenges sexual autonomy just to win her kid.

The second case involves the new parents who “lost their seats” on a flight:

And then we get to salient information in paragraph 11. The couple arrived through security 20 minutes before takeoff, and then decided to run their baby [to] the bathroom because he soiled his diaper. This diaper changing took so long that apparently the airline gave away their seats to standby. Sorry, so sad. Too bad.

Journalism students are taught to find a hook or an angle to make the story of interest to the largest possible audience, but these two cases sound like the story is actually being distorted to fit a pre-decided agenda.

November 5, 2010

His lawyer said “Vakhtang has been under a great deal of stress”

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 12:14

One sometimes has sympathy for police officers who may harbour suspicions, but are unable to pursue them for a lack of evidence. When the disappearance of Mariam Makhniashvili came to public attention, I wondered if her father might have been the perpetrator (I’m sure the police had similar thoughts), but there was no reported evidence to support that notion.

Since then, Vakhtang Makhniashvili has been involved in a series of incidents that can only reinforce any suspicions:

Trouble seems to be following Vakhtang: his daughter disappeared in September 2009, he was arrested in May after allegedly stabbing his neighbour and in December 2008, was charged with lewd conduct in Los Angeles related to an alleged obscene incident in front of a daycare centre, but was was later acquitted.

That’s why yesterday’s incident seems, in retrospect, almost inevitable:

[Vakhtang Makhniashvili] has also been charged with aggravated assault and fail to comply with recognizance following a double stabbing in the city’s east end on Thursday.

A man and a woman were stabbed inside a home at 10 Greenwood Ave., near Queen Street East.

On Thursday, blood stains could be seen on the front porch and a trail of blood was splattered on the sidewalk.

Police told 680News Vakhtang was in the couple’s home where a verbal argument took place, and that ended with the pair being stabbed multiple times.

Yes, yes, presumption of innocence, etc. But it’s even harder to believe after all of this that he didn’t have something to do with the Mariam Makhniashvili case, isn’t it?

November 2, 2010

This is either App-alling or App-ealing, depending on your party affiliation

Filed under: Law, Politics, Technology, USA — Tags: , , , — Nicholas @ 09:30

There’s now an iPhone app for reporting suspicious election activity:

Just in time for Election Day, American Majority Action has created the nation’s first mobile application to help identify, report and track suspected incidents of voter fraud and intimidation. This free, cutting edge system will enable voters to take action to help defend their right to vote. Whether you’re a campaign junkie, or just want a better America, Voter Fraud will help you report violations at the election booth and serve to uphold the democratic process.

H/T to Ace of Spades HQ for the link.

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