Quotulatiousness

March 15, 2012

The Omnibus Crime bill is really about only one thing: harsher punishments

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:23

If anyone thought that the Conservative government had a libertarian streak, the Omnibus Crime bill should be enough to disabuse them of the notion:

The Conservative government’s omnibus crime bill passed the Commons on Monday night. No matter the problem, the solution this unimaginative legislation provides is the same: longer sentences.

[. . .]

An important one that seems to have escaped the government’s thinking is whether, absent any other constructive reforms, it is a good thing to increase the powers of the police and prosecutors, and the effect it will have on the administration of justice. The government prefers to talk about criminals, as if everyone picked up by the police is guilty. Never discussed is the impact increased sentences will have on the accused but not convicted, namely, those presumed innocent.

In the daily operation of the criminal justice system, more severe penalties enhance the power the police and prosecutors have over the accused, or those merely suspected. The Americans have gone to such an extreme that the presumption of innocence is becoming only a notion; so severe are the penalties that police and prosecutors are able to bully even the innocent into pleading guilty. The trial in American criminal justice has been usurped by the plea bargain, in which the prosecutors hold most of the cards.

Canada is not there (yet), but it has happened here. In Ontario, the Goudge inquiry into parents falsely convicted of killing their own children established the pattern. Parents were threatened by prosecutors with such severe consequences that they pleaded guilty to crimes they did not commit, in the meagre hope of salvaging something of their lives.

[. . .]

There really isn’t very much “omni” in the omnibus crime bill. It’s about one thing — harsher punishments. It does nothing to alleviate the disgusting pre-trial (pre-trial!) conditions of remand that prevail in too many jails. It does nothing to mitigate the crisis in legal aid. It does nothing to lessen the likelihood of wrongful convictions. As Chief McFee notes, it does nothing for prevention.

Quis custodiet ipsos custodes? Who will guard the guards themselves? Who watches the watchmen? That’s the ancient maxim. The crime bill shows that those guarding the guards are not on duty.

March 9, 2012

Dalrymple: “British police have … become simultaneously bullying and ineffectual, a disastrous combination”

Filed under: Britain, Law — Tags: , , , , — Nicholas @ 11:08

Theodore Dalrymple on a recent article by British author China Miéville in the New York Times Magazine decrying the cruel, disproportionate sentences handed out to London rioters:

Some figures: in 2011, there were 12,699 knife attacks in London known to the police (up 13.6 percent from the previous year); 58,160 burglaries (up 8.8 percent); and 68,754 street robberies (up 13 percent). The average national detection rate for burglaries is about one in 12, though even this is an overstatement, due to police manipulation of the figures. Approximately 800,000 domestic burglaries took place in Great Britain in 2009; this means that some 67,000 were detected by the police. In that same year, 6,136 people went to prison in Great Britain for burglary (for an average of 17 months each). Considering the 800,000 burglaries annually, a domestic burglary attracts on average four days’ imprisonment: hardly indicative of judicial ferocity, and not much of a deterrent to burglary.

One cannot say often enough that the victims of crime are, like the perpetrators, more likely to be poor than rich. For example, single-parent households in Britain have a more than one-in-20 chance of being burgled in any given year; and since most burglars are recidivists, indeed multiply so, it follows that the class of victim is much larger than the class of perpetrator. Leniency toward criminals is not therefore a form of sympathy for the poor, but a failure to take either their lives or their property seriously. For Miéville to talk of “panicked reaction” in these circumstances is a form of moral exhibitionism. He is showing off in front of his peers.

The notion that the disorder in London (and elsewhere in the country) is a protest against injustice — a thread that runs through Miéville’s article — is both crude and laughable. It is true that the British police have, after years of liberal-inspired reform, become simultaneously bullying and ineffectual, a disastrous combination.

February 29, 2012

NY Police domestic spy operation in Muslim neighbourhoods gets little press attention

Filed under: Law, Liberty, Religion, USA — Tags: , , , , , , , — Nicholas @ 10:11

Natalie Rothschild on the rather disturbing use of NYPD resources to conduct surveillance operations in Muslim areas of New York City and New Jersey:

It has emerged that the White House has funded the New York Police Department’s surveillance of entire Muslim neighbourhoods with money earmarked for fighting drug crime. The revelations were detailed in reports by the Associated Press this week. In response, senior law enforcement officials and politicians have been either unapologetic or silent. Most tellingly, the Obama administration, which has championed Muslim outreach and has said law enforcement should not put entire communities under suspicion, said on Monday that it has no opinion on the matter.

Since the 9/11 attacks, the Bush and Obama administrations have provided $135million to the New York and New Jersey region through the High Intensity Drug Trafficking Area programme (HIDTA). It’s unclear exactly how much of that money was spent on surveillance of Muslims because the programme has little oversight. But the AP discovered that the White House money has paid for cars that plainclothes NYPD officers used to conduct surveillance of Muslim neighbourhoods in New York and New Jersey, and for computers that stored information about Muslim college students, mosque sermons and social events. It also helps pay rent for the NYPD’s intelligence unit.

This is, effectively, a spying programme used to monitor American Muslims as they shop, work, socialise, pray and study. Police have photographed and mapped mosques and recorded license plates of worshippers. They have compiled lists of Muslims who took new, Americanised names, eavesdropped on conversations inside businesses owned or frequented by Muslims, infiltrated Muslim student groups and monitored websites of universities across north-east US. In the name of counterterrorism, Muslim American citizens have been catalogued, their private conversations and everyday activities recorded and stored in databases.

[. . .]

On Monday, White House spokesman Jay Carney said the administration has no opinion on how the HIDTA grant money was spent and that the White House has no authority to direct, manage or supervise any law-enforcement operations. If the administration truly has no power to influence a NYPD programme used for intrusive monitoring of scores of American citizens, then that would indicate great political impotence. After all, both in the domestic and international arenas, the Obama administration has warned against demonising and singling out Muslims in America and turned Muslim outreach into a priority. Well, it is hard to think of any starker way of ‘singling out’ a group than by stalking anyone who looks or sounds like they belong to it.

February 28, 2012

Yet another death due to excessive concern for ‘elf an’ safety issues

Filed under: Britain, Bureaucracy, Government, Health — Tags: , , — Nicholas @ 14:25

Bagehot blogs about the unhealthy results of paying too close attention to the health and safety regulations:

[T]he Mail on Sunday ran an interesting feature this weekend about a different example of what certainly sounded like a health and safety overreaction. It told the tale of a man who drowned in a shallow boating pond in his local park, after suffering an epileptic seizure while feeding swans. A passer-by (a woman who was in charge of a small child so did not dare enter the pond) called the emergency services. But the first firemen to show up announced that they only had Level One training, for ankle-deep water, and needed to wait for a specialist team with Level Two training for chest-deep water. By the time that team arrived, the man had been floating in the pond for 37 minutes. While waiting for that specialist help, the same firemen also strongly urged a policeman not to attempt a rescue in the pond, even refusing to lend the policeman a life-vest. Then the policeman’s control room told him not to enter the water, as the victim had been in the pond so long that it was a body retrieval mission, not a rescue.

The MoS, which sent its reporter out into the same pond equipped with no more than rubber waders, called it a story that “shames Britain”. Certainly its photograph of the eventual retrieval of the poor victim’s body, featuring 25 separate emergency workers, an inflatable tent, several fire engines and a helicopter, is suggestive of an over-reaction after an under-reaction.

It is tempting to conclude that Britain has fallen into a serious problem with regulation, red tape and crippling risk-aversion. Certainly, the newspapers have recently been filled with all manner of depressing stories about pancake races being cancelled, policemen being urged not to pursue criminals onto roof tops, party bunting being outlawed or council workers refusing to mount shoulder-height step ladders to fix broken signs without logistical back-up once reserved for the cleaning of the Sistine Chapel ceiling.

[. . .]

All of which is sensible. You don’t have to be a wild-eyed libertarian to suspect that something has gone wrong with the management of risk in Britain. It is also depressing to see so many advertisements for ambulance-chasing lawyers, urging anyone who has had the smallest accident to sue. Anecdotally, members of parliament grumble about the role played by some insurance companies who hold special advice-sessions on liability for local councils, seeking to terrify them into taking out expensive cover and in the process filling the heads of municipal bosses with all manner of scare stories.

But listening to my rather cautious Jersey host, and reading the MoS report of the pond rescue, I found myself wondering if the British character may not also play a role. Read the report by Lord Young, or even the detail of the admirably comprehensive Mail report, and the rules themselves are sometimes less the problem than their interpretation. It turns out that emergency workers can break all sorts of health and safety rules when lives are at stake, without fear of prosecution, for example. And those guidelines on Level One and Level Two water training were intended for rescuers in fast-moving flood waters, the inquest into the pond case was told.

February 22, 2012

Rick Mercer: Get a warrant, Vic!

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , — Nicholas @ 11:39

“Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking”

Filed under: Cancon, Government, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 11:19

Chris Selley in the National Post on the disappointing moment at the start of the fight against C-30, the Canadian government’s internet bill that would eviscerate what little privacy protection still exists:

The most disappointing moment in the otherwise heartening backlash against the Protecting Children from Online Predators Act came right at the beginning, immediately after Public Safety Minister Vic Toews issued his immortal Question Period ultimatum. Mr. Toews was defending a law that would, among other things, allow government agents to march into your Internet service provider, without a warrant, and “examine any document, information or thing.” In this regard, he said Liberal MP Francis Scarpaleggia, and by extension all Canadians, “can either stand with us or with the child pornographers.”

He deserved — Canadian democracy deserved — nothing less than a humiliating, well-crafted, immediate putdown. He didn’t even get a “for shame.”

[. . .]

In a dozen words, Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking. Any high school student should be able to identify and debunk the fallacy Mr. Toews was employing; to defend the intrinsic value of freedom and privacy; to articulate the dangers of handing governments excessive and unnecessary powers.

[. . .]

So, I think Mr. Toews’ comment sealed the deal. In the light of day, the War on Terror-era “you’re with us or you’re with the terrorists” argument is cringe-inducing; sub in criminals for terrorists and it’s laughable. More importantly, though, I suspect Mr. Toews finally confirmed a certain suspicion among many Canadians: When the government tells you it needs to limit your privacy or freedom, what it probably means is that it wants to limit your privacy and freedom and thinks you won’t put up a fight. It’s delightful to see this government proved wrong.

February 19, 2012

Toews didn’t even know what was in his own proposed legislation

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 11:36

In an interview with the CBC, Public Safety Minister Vic Toews reveals that he hasn’t actually read or understood his own bill:

In an interview airing Saturday on CBC Radio’s The House, Toews said his understanding of the bill is that police can only request information from the ISPs where they are conducting “a specific criminal investigation.”

But Section 17 of the ‘Protecting Children from Internet Predators Act’ outlines “exceptional circumstances” under which “any police officer” can ask an ISP to turn over personal client information.

“I’d certainly like to see an explanation of that,” Toews told host Evan Solomon after a week of public backlash against Bill C-30, which would require internet service providers to turn over client information without a warrant.

“This is the first time that I’m hearing this somehow extends ordinary police emergency powers [to telecommunications]. In my opinion, it doesn’t. And it shouldn’t.”

As was detailed in a recent post on the Canadian Privacy Law Blog, Bill C-30 is riddled with nasty little booby traps, including a provision that prevents your ISP from telling you that your information has been given to the police (or other “inspectors” as designated by the minister) even after the investigation is complete. For that matter, there doesn’t even have to be a criminal investigation underway: if someone is given the role of “inspector” under this bill, they have the right to demand this information under any circumstances at all.

An update to that blog post since last time I linked to it:

Update (18 February 2012): It is really worth noting that this gag order is not new. It has existed in PIPEDA for quite some time. What is new is extending it to cover “lawful access” requests.

People should be aware that — I am told — in the vast majority of cases, internet service providers will willingly hand over customer information without a warrant when the police tell them that it is connected with a child exploitation investigation (using something cynically called a “PIPEDA Request”, which I’ve blogged about before). If your internet service provider hands over your information voluntarily, that’s also subject to the gag order in Section 9 of PIPEDA.

February 17, 2012

Even the folks who supported “lawful access” are rethinking after Vic Toews’ “with us or with the child pornographers” comment

Filed under: Cancon, Liberty, Technology — Tags: , , , — Nicholas @ 10:48

Lorne Gunter was about to write in favour of the Conservative government’s Orwellian “lawful access” legislation until Vic Toews clarified the issue for him:

Want to read my email, Vic Toews? Get a warrant

Vic Toews, stay out of my inbox. And no, it’s not because I’m trying to hide messages between me and kiddie porn providers.

I was about to write a column defending the Tories’ “lawful access” bill, albeit with strong reservations. Then Public Safety Minister Vic Toews accused anyone and everyone who wasn’t fully behind his bill of being supportive of the sexual creeps who prey on children by making and distributing pornographic images of them.

Seriously, Mr. Toews? Could you have done anything else that would have more thoroughly confirmed civil libertarians’ fears about your bill’s assault on privacy and personal liberty?

It is not a sign of indifference to the scourge of online child pornography to be concerned about giving police too much authority to snoop around in Canadians’ online activities. That’s a genie that cannot be put back in its bottle once it’s been released.

February 16, 2012

Are you for Orwellian surveillance by government thugs or are you with the child pornographers?

Filed under: Cancon, Government, Liberty, Technology — Tags: , , , , , , , — Nicholas @ 10:23

Margaret Wente in the Globe & Mail:

Where do you stand on the new online surveillance bill? Are you with the government? Or are you with the child pornographers? According to Public Safety Minister Vic Toews, you have to choose.

In case you fail to get the point, the new legislation is being subtly marketed as the Protecting Children From Internet Predators Act. Of course, maybe you don’t really care about protecting children from Internet predators. Maybe you don’t care that without this law, filthy perverts will continue to roam free. Really, it’s your choice.

I am scarcely the first person to point out that Stephen Harper’s government likes to demonize its opponents, or that it has a nasty authoritarian streak. But in this case, the dissent is unusually widespread. Those with doubts about the bill include opposition politicians, civil libertarians, privacy commissioners and Internet experts — plus more than a few small-c conservatives who wonder why our government insists on whipping up unnecessary moral panic when it doesn’t have to.

[. . .]

So why do I stand with the child pornographers here? Because I’m not convinced the police need new powers to root out online child molesters. Judging by the recent highly publicized busts of child-porn rings, their existing powers seem to be working fine. Nor am I convinced that the police will never abuse their power. History shows they usually do. That’s why they need civilian oversight. That’s not liberal, in my view. That’s prudent.

February 12, 2012

Interpol system key in arrest of Hamza Kashgari

Filed under: Bureaucracy, Law, Liberty, Religion — Tags: , , , , , , — Nicholas @ 11:27

Abuse of a system designed to catch international criminals led to the arrest of Saudi journalist Hamza Kashgari for “insulting the Prophet Muhammed” on Twitter:

Interpol has been accused of abusing its powers after Saudi Arabia used the organisation’s red notice system to get a journalist arrested in Malaysia for insulting the Prophet Muhammad.

Police in Kuala Lumpur said Hamza Kashgari, 23, was detained at the airport “following a request made to us by Interpol” the international police cooperation agency, on behalf of the Saudi authorities.

Kashgari, a newspaper columnist, fled Saudi Arabia after posting a tweet on the prophet’s birthday that sparked more than 30,000 responses and several death threats. The posting, which was later deleted, read: “I have loved things about you and I have hated things about you and there is a lot I don’t understand about you … I will not pray for you.”

More than 13,000 people joined a Facebook page titled “The Saudi People Demand the Execution of Hamza Kashgari”.

Clerics in Saudi Arabia called for him to be charged with apostasy, a religious offence punishable by death. Reports suggest that the Malaysian authorities intend to return him to his native country.

February 10, 2012

Before Watergate the FBI had to put together files using wiretaps, informants, and detective work

Filed under: Government, History, Liberty, USA — Tags: , , , , , — Nicholas @ 11:03

Nowadays, of course, they wouldn’t need to do any of that: most of what they collected then could be gathered by looking you up on Facebook:

Bud Abbott and Lou Costello are perhaps best known for their comedy sketch Who’s on First?

But in the 1950s, the duo caught the FBI’s attention for other reasons.

“A police informant furnished information to the effect that Bud Abbott, the well-known motion picture and television star, is a collector of pornography, and alleged he has 1,500 reels of obscene motion pictures,” an agent wrote in an FBI file.

Of Costello, agents reported: “Information was secured reflecting that two prostitutes put on a lewd performance for Lou Costello,” for which they were paid $50 each.

[. . .]

During the era of legendary FBI director J Edgar Hoover, “you could find a reason to open a file on anyone”, says Steve Rosswurm, a historian at Lake Forest College in Illinois and author of a book about the FBI’s dealings with the Catholic Church.

“The reasons for the surveillance are as varied as the people being watched,” said British writer Nicholas Redfern, author of Celebrity Secrets: Official Government Files on the Rich and Famous

“It was very much dependent upon the character or the situation the subject of the file was in.”

Today, the bureau’s Cold War-era fears of communist infiltration, obscenity and homosexuality sound almost quaint..

February 9, 2012

Brazil tries to quash Twitter users over speed trap tweets

Filed under: Americas, Law, Liberty, Technology — Tags: , , , — Nicholas @ 10:44

Proving yet again that the main concern is revenue generation rather than safety, Brazil is trying to force Twitter to stop its users from sending out tweets that warn about speed traps:

The attorney general of Brazil has filed a lawsuit against Twitter in a bid to block accounts that warn drivers of police speed traps and roadblocks.

The government argues the tweets interfere with police efforts to fight drunk driving, reduce accidents and uncover evidence of crime, report CNN, PC Magazine, The Next Web and BBC News.

The suit, which seeks $290,000 for each day that Twitter or its microbloggers fail to comply, claims the warnings violate criminal and traffic laws.

Twitter recently announced that they now have the capability of restricting the distribution of tweets within countries (they used to block worldwide distribution by default).

H/T to Walter Olson for the link.

January 27, 2012

Popehat‘s Censorious Asshat round-up

Filed under: Cancon, India, Law, Liberty, Media — Tags: , , , , — Nicholas @ 09:14

If you’re not already following the adventures of Ken at Popehat, you’re really missing some entertainment. Here are a couple of items from this week’s round-up of the folks who want to shut you up when you say things they don’t like using the legal system as a large club:

First up, we have Dr. Randeep Dhillon! Dr. Dhillon is suing Jay Leno. Is he suing Jay Leno for being a trite, phone-it-in placeholder? NO! There’s no California cause of action for that! SAG would never allow it! No, Randeep Dhillon is suing Jay Leno for a lame joke about Mitt Romney suggesting that his vacation home was the Golden Temple of Amritsar, a holy site for Sikhs! [. . .]

Congrats, Dr. Dhillon! You win a date with California’s robust anti-SLAPP statute! You’re going to pay Jay Leno’s attorney fees in this case, which I will estimate to be $50,000! And because some people will generalize about Sikhs based on the act of one asshole — you — you’ve just done more to expose Sikhs to hatred, contempt, ridicule, and obloquy than that threadbare hack Leno ever could! Way to go!

And from closer to home (and, I note, the very first time I’ve needed to use the New Brunswick tag):

Next, ladies and gentlemen, we travel North, to Canada, and the Fredericton, New Brunswick Police Department! The Fredericton Police just staged a eight-officer raid of the apartment of Charles LeBlanc! Is Charles LeBlanc breaking bad with a meth lab? Does he have children in cages? Is he a gun-runner? No! He’s a blogger, and he’s being raided for criminal libel for criticizing the Fredericton Police! That’s right! The Fredericton Police Department not only thinks it is appropriate to serve search warrants on bloggers who say mean things to them, they think that they should execute the search warrants themselves, even though they are the alleged victims of the criminal libel! That’s the New Professionalism in action, ladies and gents! Stand and be amazed!

Update, 4 May, 2012: The charges against Charles LeBlanc have been dropped after the New Brunswick Attorney General determined that Alberta, Ontario, Saskatchewan and Newfoundland and Labrador have all found Section 301 to be unconstitutional and that no New Brunswick court would be likely to disagree with those decisions. More information at the CBC website.

January 25, 2012

A unanimous Supreme Court decision against GPS tracking that still leaves wiggle room for the police

Filed under: Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 11:08

Jacob Sullum on the very narrow grounds used by the majority to decide US v. Jones:

“If you win this case,” Supreme Court Justice Stephen Breyer told Deputy Solicitor General Michael Dreeben during oral argument in U.S. v. Jones last fall, “there is nothing to prevent the police or the government from monitoring 24 hours a day the public movement of every citizen of the United States.” That prospect, Breyer said, “sounds like 1984.”

Fortunately, the government did not win the case. But the Court’s unanimous decision, announced on Monday, may not delay Breyer’s 1984 scenario for long. Unless the Court moves more boldly to restrain government use of new surveillance technologies, the Framers’ notion of a private sphere protected from “unreasonable searches and seizures” will become increasingly quaint.

[. . .]

The majority therefore concluded that it was unnecessary to resolve the question of whether Jones had a “reasonable expectation of privacy” regarding his travels on public roads. By contrast, the four other justices, in an opinion by Samuel Alito, said he did, given that investigators tracked all his movements for a month — a kind of surveillance that can reveal a great deal of information about sensitive subjects such as medical appointments, psychiatric treatment, and political, religious, or sexual activities.

While Scalia’s approach draws a clear line that cops may not cross without a warrant, it does not address surveillance technologies that involve no physical intrusion, such as camera networks, satellites, drone aircraft, and GPS features in cars and smart phones. If police had tracked Jones by activating an anti-theft beacon or following his cell phone signal, they could have obtained the same evidence without touching his property.

Lorne Gunter: The long-gun registry was broken from the start

Filed under: Bureaucracy, Cancon, Law, Liberty — Tags: , , , — Nicholas @ 10:55

Writing in the National Post, Lorne Gunter points out that the long-gun registry was even less useful than we thought:

Last month, the RCMP and Statistics Canada were forced to admit that they don’t keep statistics relating to the number of violent gun crimes in Canada that are committed by licensed gun owners using registered guns.

“Please note,” Statistics Canada wrote in response to an access to information request filed by the National Firearms Association, “that the Uniform Crime Reporting (UCR) survey does not collect information on licensing of either guns or gun owners related to the incidents of violent crime reported by police.” Nor does StatsCan’s annual homicide survey “collect information on the registration status of the firearm used to commit a homicide.”

This raises the question: Why did it take so long for the government to begin ridding Canada of the horribly expensive, unjustifiably intrusive federal gun registry? If no one in Ottawa had any systematic way of tracking whether or not Canadians suspected of committing a violent gun crime were licensed to own a gun and had registered the gun being used, then they had no way of knowing whether registration and licensing were having a positive impact on crime.

There are around 340,000 violent crimes reported to police in Canada each year. Just over 2% of those (around 8,000) involve firearms. (There’s another reason to question the initial wisdom of the gun registry: Why was Ottawa expending so much time, effort and taxpayer money on such a tiny percentage of violent crimes, while doing comparatively little to prevent the 98% of murders, robberies, kidnappings, rapes and beatings not committed with a gun?)

Even if you grant the original notion that the government had an overriding need to track gun ownership (over and above the user licensing scheme that pre-dated the registry by decades), this can only count as a waste of time, money, and effort.

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