Quotulatiousness

April 19, 2013

Tracking the Boston Marathon bombers

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

As a one-man blogging operation, I won’t even pretend to stay on top of the story from Boston. Colby Cosh, on the other hand, has a useful post at Maclean’s to bring you up to date on the news so far:

It has been a night of extraordinary scenes from Boston as the late shift gawps at an unfolding true-crime story as extraordinary as any since the O.J. Simpson saga. Earlier in the day the FBI published photos of two suspects in Tuesday’s bombing attack on the Boston Marathon. Men closely matching the description of those individuals knocked over a 7-Eleven in the city Thursday night, then are alleged to have slain a transit cop on the campus of the Massachusetts Institute of Technology and briefly taken a hostage. They were tracked to the suburb of Watertown, where they engaged in a spectacular firefight with at least a dozen different police forces. One man, the suspected marathon bomber depicted wearing a black cap in the FBI photos, seems to have rushed the police with an explosive attached to his chest; he was dead on arrival at hospital and doctors said he presented with “blast injuries to the trunk” along with an uncountable number of bullet holes. The other man, the one supposedly spotted at the marathon wearing a white cap, clambered into a vehicle, drove through the police cordon, and remains at large.

The entire city of Boston has been locked down while they search for the surviving bomber, identified as Dzhokhar Tsarnaev, 19. The dead suspect was his older brother.

April 16, 2013

The anti-libertarian legacy of Margaret Thatcher

Filed under: Britain, Government, Law, Liberty — Tags: , , , , , , — Nicholas @ 09:31

Sean Gabb explains why Thatcher should not be considered in any way “libertarian”:

She started the transformation of this country into a politically correct police state. Her Government behaved with an almost gloating disregard for constitutional norms. She brought in money laundering laws that have now been extended to a general supervision over our financial dealings. She relaxed the conditions for searches and seizure by the police. She increased the numbers and powers of the police. She weakened trial by jury. She weakened the due process protections of the accused. She gave executive agencies the power to fine and punish without due process. She began the first steps towards total criminalisation of gun possession.

She did not cut government spending. Instead, she allowed the conversion of local government and the lower administration into a system of sinecures for the Enemy Class. She allowed political correctness to take hold in local government. When she did oppose this, it involved giving central government powers of supervision and control useful to a future politically correct government. She extended and tightened the laws constraining free speech about race and immigration.

Her encouragement of enterprise never amounted to more than a liking for big business corporatism. Genuine enterprise was progressively heaped with taxes and regulations that made it hard to do business. Big business, on the other hand, was showered with praise and legal indulgences. Indeed, her privatisation policies were less about introducing competition and choice into public services than in turning public monopolies into corporate monsters pampered by the State with subsidies and favourable regulations — corporate monsters that were expected in return to lavish financial rewards on the political class.

April 9, 2013

Surveillance is only good when they do it to us, not vice-versa

Filed under: Government, Media, USA — Tags: , , , , — Nicholas @ 09:41

David Sirota on the blatant hypocrisy of Big Brother surveillance fans now objecting when they’re the targets of surveillance:

The Big Brother theory of surveillance goes something like this: pervasive snooping and monitoring shouldn’t frighten innocent people, it should only make lawbreakers nervous because they are the only ones with something to hide. Those who subscribe to this theory additionally argue that the widespread awareness of such surveillance creates a permanent preemptive deterrent to such lawbreaking ever happening in the first place.

I don’t personally agree that this logic is a convincing justification for the American Police State, and when I hear such arguments, I inevitably find myself confused by the contradiction of police-state proponents proposing to curtail freedom in order to protect it. But whether or not you subscribe to the police-state tautology, you have to admit there is more than a bit of hypocrisy at work when those who forward the Big Brother logic simultaneously insist such logic shouldn’t apply to them or the governmental agencies they oversee.

[. . .]

Yet, in now opposing the creation of an independent monitor to surveil, analyze and assess lawbreaking by police and municipal agencies after a wave of complaints about alleged crimes, Bloomberg and Kelly are crying foul. Somehow, they argue that their own Big Brother theory about surveillance supposedly stopping current crime and deterring future crime should not apply to municipal officials themselves.

This is where an Orwellian definition of “safety” comes in, for that’s at the heart of the Bloomberg/Kelly argument about oversight. Bloomberg insists that following other cities that have successfully created independent monitors “would be disastrous for public safety” in New York City. Likewise, the New York Daily News reports that “Kelly blasted the plan as a threat to public safety,” alleging that “another layer of so-called supervision or monitoring can ultimately make this city less safe.”

If this pabulum sounds familiar, that’s because you’ve been hearing this tired cliché ad nauseam since the 9/11 terrorist attacks. Whether pushed by proponents of the Patriot Act, supporters of warrantless wiretapping, or backers of other laws that reduce governmental accountability, the idea is that any oversight of the state’s security apparatus undermines that apparatus’ ability to keep us safe because such oversight supposedly causes dangerous second-guessing. In “24″ terms, the theory is that oversight will make Jack Bauer overthink or hesitate during a crisis that requires split-second decisions — and hence, security will be compromised.

April 7, 2013

British police chiefs to conceal the names of arrested from the media

Filed under: Britain, Law, Liberty, Media — Tags: , , , , — Nicholas @ 09:45

Freedom of the press is taking another battering in Britain:

Britain’s police chiefs are drawing up draconian rules under which the identities of people they arrest will be kept secret from the public.

The move, which follows a recommendation by Lord Justice Leveson in his report into press standards, has been branded an attack on open justice and has led to comparisons with police states such as North Korea and Zimbabwe.

Under current arrangements, police release basic details of a person arrested and in many cases will confirm a name to journalists. But the practice varies from force to force.

Under the new guidance, to be circulated by the Association of Chief Police Officers (ACPO), forces will be banned from confirming the names of suspects, even when journalists know the identity of someone who has been arrested.

Without official police confirmation, the legal risks of incorrect identification will prevent the media from publishing the names of suspects.

The police plan for ‘secret arrests’ is being opposed by the Government’s own adviser on law reform, the Law Commission, which believes it is in the interests of justice that the police release the names of everyone who is arrested, except in very exceptional circumstances.

March 31, 2013

The question is not whether armed drones will be deployed domestically, but when

Filed under: Law, Liberty, Technology, USA — Tags: , , , , , , — Nicholas @ 11:01

Glenn Greenwald presents a strong case that it is inevitable that armed drones will be deployed over the US:

The use of drones by domestic US law enforcement agencies is growing rapidly, both in terms of numbers and types of usage. As a result, civil liberties and privacy groups led by the ACLU — while accepting that domestic drones are inevitable — have been devoting increasing efforts to publicizing their unique dangers and agitating for statutory limits. These efforts are being impeded by those who mock the idea that domestic drones pose unique dangers (often the same people who mock concern over their usage on foreign soil). This dismissive posture is grounded not only in soft authoritarianism (a religious-type faith in the Goodness of US political leaders and state power generally) but also ignorance over current drone capabilities, the ways drones are now being developed and marketed for domestic use, and the activities of the increasingly powerful domestic drone lobby. So it’s quite worthwhile to lay out the key under-discussed facts shaping this issue.

I’m going to focus here most on domestic surveillance drones, but I want to say a few words about weaponized drones. The belief that weaponized drones won’t be used on US soil is patently irrational. Of course they will be. It’s not just likely but inevitable. Police departments are already speaking openly about how their drones “could be equipped to carry nonlethal weapons such as Tasers or a bean-bag gun.” The drone industry has already developed and is now aggressively marketing precisely such weaponized drones for domestic law enforcement use. It likely won’t be in the form that has received the most media attention: the type of large Predator or Reaper drones that shoot Hellfire missiles which destroy homes and cars in Pakistan, Yemen, Somalia, Afghanistan and multiple other countries aimed at Muslims (although US law enforcement agencies already possess Predator drones and have used them over US soil for surveillance).

March 21, 2013

The technological imbalance between security and threats

Filed under: Government, Liberty, Technology — Tags: , , , — Nicholas @ 09:17

Bruce Schneier on the power of technology in a security context:

A core, not side, effect of technology is its ability to magnify power and multiply force — for both attackers and defenders. One side creates ceramic handguns, laser-guided missiles, and new-identity theft techniques, while the other side creates anti-missile defense systems, fingerprint databases, and automatic facial recognition systems.

The problem is that it’s not balanced: Attackers generally benefit from new security technologies before defenders do. They have a first-mover advantage. They’re more nimble and adaptable than defensive institutions like police forces. They’re not limited by bureaucracy, laws, or ethics. They can evolve faster. And entropy is on their side — it’s easier to destroy something than it is to prevent, defend against, or recover from that destruction.

For the most part, though, society still wins. The bad guys simply can’t do enough damage to destroy the underlying social system. The question for us is: can society still maintain security as technology becomes more advanced?

I don’t think it can.

March 14, 2013

Toronto school board deploys police to intimidate bloggers

Filed under: Bureaucracy, Cancon, Education, Liberty, Media — Tags: , , , — Nicholas @ 08:38

Arnie Lemaire, who blogs at Blazing Cat Fur is becoming a bother to the great and the good at the Toronto District School Board. After a recent comment on his blog, the TDSB sent police officers to his door:

Can writing a sarcastic but clearly tame blog comment really land two cops at your doorstep?

It happened to Blazingcatfur blogger Arnie Lemaire Wednesday for musing “OISE and the TDSB need to be purged, or burnt to the ground whichever is more effective.”

He’s, quite rightfully, upset about it.

But, often critical of the Toronto District School Board and the Ontario Institute for Studies in Education, Lemaire said he will not back down from efforts to “intimidate” him.

“Dear TDSB, You Can’t Silence Me,” was a headline on the blazingcatfur.blogspot in response.

But, what they clearly can do, is bring in the police to investigate.

In what can be described as more TDSB theatre of the absurd, an obscure six-week-old blog comment resulted in police visiting his home like one might see back in the day of the Stasi in communist East Germany.

Update: As Mark Steyn puts it “Nobody Expects the Toronto District School Board Inquisition…“

It seems a wee bit over-sensitive for a school board that promotes murderous goons like Che Guevara and cop-killers like the Black Panthers as role models to its young charges to get its knickers in a twist over a blog post. But, of course, for leftie social engineers, the glamor of the revolutionary aesthetic is mostly a useful cover for inculcating a bovine, unquestioning statist compliance from which no deviation is permitted. There was barely any pretense by the cops that there was a legal justification for what happened yesterday; it was just a friendly warning: “Nice blog ya got there. Would be a real shame if something happened to it.“

One of the most disquieting trends in western Europe is the state’s increasingly open intimidation of those who dissent from the official ideology. Sad to see it on this side of the Atlantic.

March 13, 2013

Follow-up on the LAPD’s pickup truck shooting spree

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 12:16

Remember this gem of a story from last month? At the time, Jon (my former virtual landlord) strongly suggested I park my Toyota Tacoma in the garage just to avoid being targeted by random police “marksmen”.

Pickup shooting by LAPD

Here’s the follow-up that only makes the story that much more ridiculous:

“LAPD and Galpin Ford wanted [the women] to pose for a photo opportunity and pay income tax on the truck,” the NBC report reads, citing Jonas. “The women no longer want the truck after they were told they needed to fill out a 1099 form for the donation.”

For those of you who don’t know that a 1099 form is, it’s for tax form for “miscellaneous income.”

“You tried to murder the woman, now you’re telling her she can’t have a four-wheel drive, you’re telling her she can’t sell it and you’ve got to be taxed on it?” Jonas said. “How would anyone react to that?”

“Jonas plans on filing a government claim, which is a precursor to any lawsuit filed against a government agency. He said he felt the truck was being touted as a ‘reward or prize’ instead of a sincere gesture by the LAPD,” NBC 4 News notes:

I can’t improve on the comment Jon sent along with this link: “At this rate, I am surprised that the LAPD has not tried to bill the women for the 100+ rounds of ammunition.”

March 7, 2013

QotD: When bureaucrats have to cut back

Filed under: Bureaucracy, Government, Quotations — Tags: , , — Nicholas @ 00:01

Back in my teaching days, many years ago, one of the things I liked to ask the class to consider was this: Imagine a government agency with only two tasks: (1) building statues of Benedict Arnold and (2) providing life-saving medications to children. If this agency’s budget were cut, what would it do?

The answer, of course, is that it would cut back on the medications for children. Why? Because that would be what was most likely to get the budget cuts restored. If they cut back on building statues of Benedict Arnold, people might ask why they were building statues of Benedict Arnold in the first place.

The example was deliberately extreme as an illustration. But, in the real world, the same general pattern can be seen in local, state and national government responses to budget cuts.

At the local level, the first response to budget cuts is often to cut the police department and the fire department. There may be all sorts of wasteful boondoggles that could have been cut instead, but that would not produce the public alarm that reducing police protection and fire protection can produce. And public alarm is what can get budget cuts restored.

Thomas Sowell, “Will Obama turn the United States into the world’s largest banana republic?”, Washington Examiner, 2013-03-04

March 6, 2013

ACLU to investigate the militarization of US police forces

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 12:00

At the Huffington Post, Radley Balko reports on a new ACLU campaign:

The militarization of America’s police forces has been going on for about a generation now. Former Los Angeles Police Chief Daryl Gates first conceived the idea of the SWAT team in the late 1960s, in response to the Watts riots and a few mass shooting incidents for which he thought the police were unprepared. Gates wanted an elite team of specialized cops similar to groups like the Army Rangers or Navy SEALs that could respond to riots, barricades, shootouts, or hostage-takings with more skill and precision than everyday patrol officers.

The concept caught on, particularly after a couple of high-profile, televised confrontations between Gates’ SWAT team and a Black Panther holdout in 1969, and then with the Symbionese Liberation Army in 1973. Given the rioting, protests, and general social unrest of the time, Gates’ idea quickly grew popular in law enforcement circles, particularly in cities worried about rioting and domestic terrorism.

[. . .]

Kraska estimates that total number of SWAT raids in America jumped from just a few hundred per year in the 1970s, to a few thousand by the early 1980s, to around 50,000 by the mid-2000s.

The vast majority of those raids are to serve warrants on people suspected of nonviolent drug crimes. Police forces were no longer reserving SWAT teams and paramilitary tactics for events that presented an immediate threat to the public. They were now using them mostly as an investigative tool in drug cases, creating violent confrontations with people suspected of nonviolent, consensual crimes.

March 5, 2013

Coming soon: the Police-Industrial Complex

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

Radley Balko interviewed by Vice:

How did 9/11 alter the domestic relationship between the military and police?

It really just accelerated a process that had already been in motion for 20 years. The main effect of 9/11 on domestic policing is the DHS grant program, which writes huge checks to local police departments across the country to purchase machine guns, helicopters, tanks, and armored personnel carriers. The Pentagon had already been giving away the same weapons and equipment for about a decade, but the DHS grants make that program look tiny.

But probably of more concern is the ancillary effect of those grants. DHS grants are lucrative enough that many defense contractors are now turning their attention to police agencies — and some companies have sprung up solely to sell military-grade weaponry to police agencies who get those grants. That means we’re now building a new industry whose sole function is to militarize domestic police departments. Which means it won’t be long before we see pro-militarization lobbying and pressure groups with lots of (taxpayer) money to spend to fight reform. That’s a corner it will be difficult to un-turn. We’re probably there already. Say hello to the police-industrial complex.

Is police reform a battle that will have to be won legally? From the outside looking in, much of this seems to violate The Posse Comitatus Act of 1878. Are there other ways to change these policies? Can you envision a blueprint?

It won’t be won legally. The Supreme Court has been gutting the Fourth Amendment in the name of the drug war since the early 1980s, and I don’t think there’s any reason to think the current Court will change any of that. The Posse Comitatus Act is often misunderstood. Technically, it only prohibits federal marshals (and, arguably, local sheriffs and police chiefs) from enlisting active-duty soldiers for domestic law enforcement. The president or Congress could still pass a law or executive order tomorrow ordering U.S. troops to, say, begin enforcing the drug laws, and it wouldn’t violate the Constitution or the Posse Comitatus Act. The only barrier would be selling the idea to the public.

February 28, 2013

The headline really does say it all

Filed under: Cancon, Law — Tags: , , — Nicholas @ 09:51

Jon, my former virtual landlord, sent me a link to this article in the Toronto Star. I’m just gobsmacked:

Black police officer faces charges for not investigating racial taunts against himself
A black York Regional Police officer faces misconduct charges for his handling of a farm party turned ugly, when he was allegedly subjected to repeated racial taunts and told, “I would love to see that guy hanging from a tree.”

A black York Region officer faces Police Act charges for not investigating racial taunts thrown at him when he was called to a bush party.

Const. Dameian Muirhead, 33, is charged with three counts of misconduct for his handling of a farm party turned ugly, where he was allegedly subjected to repeated racial slurs and told, “I would love to see that guy hanging from a tree.”

Muirhead, an eight-year veteran, was charged with insubordination and discreditable conduct over the way he allegedly investigated the party on the Victoria Day long weekend in May 2011. A partygoer lodged the complaint, saying he was rudely treated — but Muirhead also faces a neglect of duty charge for failing to properly investigate the racial remarks.

A police disciplinary hearing which began Tuesday was told that Muirhead and other officers were sent to the party after a woman was seriously injured when run over by an off-road vehicle.

February 25, 2013

The difference between professional journalists and mere bloggers

Filed under: Law, Media, USA — Tags: , , , , , — Nicholas @ 13:03

Ken at Popehat explains “the game”:

Here we have the heart of the matter. “Professional” journalists may, indeed, be brilliant, talented, well-trained, professional, with an abiding appetite for hard-hitting but neutral reporting. Yet professional journalists also depend on relationships. Ms. Caldwell calls that fact out, sending law enforcement’s core message to the press: if you want access, play the game.

The game colors mainstream media coverage of criminal justice. Here’s my overt bias: I’m a criminal defense attorney, a former prosecutor, and a critic of the criminal justice system. In my view, the press is too often deferential to police and prosecutors. They report the state’s claims as fact and the defense’s as nitpicking or flimflam. They accept the state’s spin on police conduct uncritically. They present criminal justice issues from their favored “if it bleeds it leads” perspective rather than from a critical and questioning perspective, happily covering deliberate spectacle rather than calling it out as spectacle. They accept leaks and tips and favors from law enforcement, even when those tips and leaks and favors violate defendants’ rights, and even when the act of giving the tip or leak or favor is itself a story that somebody ought to be investigating. In fact, they cheerfully facilitate obstruction of justice through leaks. They dumb down criminal justice issues to serve their narrative, or because they don’t understand them.

This “professional” press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it. Of course they don’t want to answer questions from the 800-pound bedridden guy in fuzzy slippers in his mother’s basement. But it’s not because an 800-pound bedridden guy can’t ask pertinent questions. It’s because he’s frankly more likely to ask tough questions, more likely to depart from the mutually accepted narrative about the system, less likely to be “respectful” in order to protect his access. (Of course, he might also be completely nuts, in a way that “mainstream” journalism screens out to some extent.)

Western media suddenly notices problems in South Africa

Filed under: Africa, Media — Tags: , , , , , , — Nicholas @ 09:33

In the Telegraph, Brendan O’Neill shows how the western media has managed to ignore horrific things in South Africa, but suddenly the murder of a pretty white woman has them all utterly rivetted to what’s happening in that country:

Last year, 34 black striking miners were gunned down by South African police at the Lonmin mine in Marikana. Some were shot in the back as they attempted to flee. Some were killed as they surrendered. Others were killed 300 metres from where the main massacre took place, suggesting they had been chased — that is, hunted down — by the armed servants of the ANC. Yet there was no outrage in the Western liberal press. There were no fuming leaders; very few angry columns. Amnesty International, guardian of the modern liberal conscience, issued a weak, almost uninterested statement about this act of mass murder, and then went back to throwing money and staff at the campaign to have Pussy Riot — prettier and way more fashionable than those dead miners — freed from jail in Russia.

This month, a pretty white woman, Reeva Steenkamp, was killed by her boyfriend, Oscar Pistorius, in a gated community in South Africa. And this time, right-thinking observers went crazy. The shock and outrage have been palpable. Feminists have popularised the Twitter hashtag #hernamewasReevaSteenkamp, to draw attention to the scourge of domestic violence in South Africa. Column after column tells us that the Steenkamp killing shows that the New South Africa is sick, that it’s a fear-ruled, crime-ridden, corrupt nation. This tragic shooting and the fractured court case and debate it has given rise to have cast a “lurid light” on South Africa, commentators tell us, calling into question its image as a “Rainbow Nation”. Where the massacre of 34 black workers elicited a collective shrug of the shoulder among observers over here, the killing of Steenkamp has got them tearing their hair out, demanding answers, wondering what the hell went wrong with the country they once admired (the New South Africa) and its ruling party that they once cheered (the ANC).

All of which raises a very awkward question: why is the shooting of a white woman in a domestic setting more shocking to liberal commentators than the massacre of 34 black miners at a public strike and demonstration? This isn’t a complaint about how the media elevates celebrity news over all other forms of news. I can understand why there is so much media and public interest in the Pistorius/Steenkamp case: it isn’t every day a global sports star shoots his famous, beautiful girlfriend in questionable circumstances. But what is striking is the fact that it took this incident — and not, say, the ANC’s massacre of 34 miners — to open Western liberals’ eyes to the profound problems, the moral and political decay, in modern-day South Africa.

February 19, 2013

US Supreme Court okays search warrants issued by dogs

Filed under: Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 15:14

A glum day for civil liberties:

Today the U.S. Supreme Court unanimously ruled that “a court can presume” an alert by a drug-sniffing dog provides probable cause for a search “if a bona fide organization has certified a dog after testing his reliability in a controlled setting” or “if the dog has recently and successfully completed a training program that evaluated his proficiency in locating drugs.” The justices overturned a 2011 decision in which the Florida Supreme Court said police must do more than assert that a dog has been properly trained. They deemed that court’s evidentiary requirements too “rigid” for the “totality of the circumstances” test used to determine when a search is constitutional. In particular, the Court said it was not appropriate to demand evidence of a dog’s performance in the field, as opposed to its performance on tests by police. While the Court’s decision in Florida v. Harris leaves open the possibility that defense attorneys can contest the adequacy of a dog’s training or testing and present evidence that the animal is prone to false alerts, this ruling will encourage judges to accept self-interested proclamations about a canine’s capabilities, reinforcing the use of dogs to transform hunches into probable cause.

Writing for the Court, Justice Elena Kagan accepts several myths that allow drug dogs to function as “search warrants on leashes” even though their error rates are far higher than commonly believed

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