Quotulatiousness

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.

January 19, 2012

We need “lawful access”, even if we can’t come up with any convincing evidence

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , — Nicholas @ 12:43

Jesse Brown rounds up the arguments in favour of giving Canadian police the “lawful access” they’ve been clamouring for:

For the past 12 years, Canada’s cops have been pushing for new laws that would allow them to skip the pesky formality of having to get a warrant before spying on us on the Internet. [. . .]

Critics of Lawful Access, such as our federal Privacy Commissioner and every provincial Privacy Commissioner, argue that police have yet to provide sufficient evidence that court oversight has actually slowed them down or stopped them from fighting crime. And now, Canadian police themselves are saying the same thing.

The online rights group OpenMedia.ca has obtained and released a message it says was recently sent by the Canadian Association of Chiefs of Police (CACP) to law enforcement colleagues urgently requesting that they provide “actual examples” of cases where the need to get warrants before accessing private information from Internet Service Providers ‘hindered an investigation or threatened public safety.’ The message goes on to admit that though a similar request had been made two years ago, it failed to produce “a sufficient quantity of good examples.”

In other words, even the Chiefs of Police don’t know why they want this new intrusive power.

January 16, 2012

An unwelcome kind of “Top Ten Reasons” list

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 09:04

Jonathan Turley, writing in the Washington Post:

Every year, the State Department issues reports on individual rights in other countries, monitoring the passage of restrictive laws and regulations around the world. Iran, for example, has been criticized for denying fair public trials and limiting privacy, while Russia has been taken to task for undermining due process. Other countries have been condemned for the use of secret evidence and torture.

Even as we pass judgment on countries we consider unfree, Americans remain confident that any definition of a free nation must include their own — the land of free. Yet, the laws and practices of the land should shake that confidence. In the decade since Sept. 11, 2001, this country has comprehensively reduced civil liberties in the name of an expanded security state. The most recent example of this was the National Defense Authorization Act, signed Dec. 31, which allows for the indefinite detention of citizens. At what point does the reduction of individual rights in our country change how we define ourselves?

While each new national security power Washington has embraced was controversial when enacted, they are often discussed in isolation. But they don’t operate in isolation. They form a mosaic of powers under which our country could be considered, at least in part, authoritarian. Americans often proclaim our nation as a symbol of freedom to the world while dismissing nations such as Cuba and China as categorically unfree. Yet, objectively, we may be only half right. Those countries do lack basic individual rights such as due process, placing them outside any reasonable definition of “free,” but the United States now has much more in common with such regimes than anyone may like to admit.

These countries also have constitutions that purport to guarantee freedoms and rights. But their governments have broad discretion in denying those rights and few real avenues for challenges by citizens — precisely the problem with the new laws in this country.

The list of powers acquired by the U.S. government since 9/11 puts us in rather troubling company.

January 6, 2012

Weird local story gets a bit weirder

Filed under: Cancon, Randomness — Tags: , , — Nicholas @ 12:33

In Pickering, about 20 kilometres west of here, the regional police found that an abandoned home had been modified to add a “confinement room”. It’s in a fairly secluded area, so there were no immediate leads to who had made the modifications or who (if anyone) had been confined in it. Today, the National Post reported that the “dungeon house” has burned to the ground:

An abandoned Pickering farmhouse that was found to have padlocked dungeon in its basement burned to the ground early Friday morning, adding an unexpected twist to an already bizarre police investigation.

A fire broke out at 140 Concession Rd. 7 outside of Pickering shortly after midnight and soon consumed the desolate building where police had been carrying out an investigation.

[. . .]

Before the blaze, police were trying to determine who built the “confinement-style” room with padlocks affixed to the very thick door, discovered in late November when crews went in to assess the building that had been scheduled for demolition.

Police said the house was last occupied in 2006, but the room was new — believed to have been built within the last year or two.

“I can’t get into what was in the room, but the way it was constructed — the time and effort put into it and the materials used — clearly indicated it was a room designed to hold somebody in,” Durham Regional Police Detective Darren Short said last month.

December 14, 2011

Revolt in a Chinese fishing village

Filed under: China, Government, Media — Tags: , , , — Nicholas @ 13:08

Local unrest is hardly uncommon in China, but unrest of this nature is almost unheard of:

For the first time on record, the Chinese Communist party has lost all control, with the population of 20,000 in this southern fishing village now in open revolt.

The last of Wukan’s dozen party officials fled on Monday after thousands of people blocked armed police from retaking the village, standing firm against tear gas and water cannons.

Since then, the police have retreated to a roadblock, some three miles away, in order to prevent food and water from entering, and villagers from leaving. Wukan’s fishing fleet, its main source of income, has also been stopped from leaving harbour.

The plan appears to be to lay siege to Wukan and choke a rebellion which began three months ago when an angry mob, incensed at having the village’s land sold off, rampaged through the streets and overturned cars.

Of course, one of the reasons we rarely hear about protests of this nature is that the Chinese government actively suppresses media coverage. This is only coming to our attention because western journalists are there and able to communicate with their employers.

H/T to Jon, my former virtual landlord, who commented “You have to admire these 20,000 future organ donors for their intestinal fortitude”.

December 4, 2011

Lowering allowable blood alcohol limits will not make our roads safer

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 10:38

Jesse Kline on the sounds-good-to-nanny-state-fans legal situation on Ontario roads:

My colleague Matt Gurney argues that creating a legal grey area between federal and provincial laws relating to drunk driving helps no one, and it’s better to have a lower overall limit than two conflicting ones. But lowering the legal limit to .05 is only going to distract police from going after the people who are actually making our roads less safe: dangerous drivers. By lowering the legal limit, we end up punishing motorists who are not driving dangerously, while diverting resources away from catching those who are.

The U.S. embarked on a similar push to reduce the legal limit from .10 to .08 in the 1990s and the results were less than stellar. A 1995 study conducted by the National Highway Traffic Safety Administration found 21 of the 30 states that had adopted the new rule experienced no improvement, or had less safe roads than the rest of the country.

In 2000, the federal government mandated that all states adopt the new standard. In the four years following this change, alcohol-related fatalities actually increased. Part of the reason was that drivers with a blood alcohol content (BAC) between .08 and .10 are generally not the ones swerving all over the road, so police set up checkpoints in order to catch them. This took officers off patrol.

According to Transport Canada’s own data, a person over 19 years of age with a BAC of .015 is statistically just as likely to get into an accident as someone with a blood alcohol level of .099. A majority (80%) of all alcohol-related crashes causing death are caused by drivers with a BAC over .08, while only 5% involve drivers in the grey area between .05 and .08.

November 26, 2011

Incentives matter, especially in policing

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:31

Radley Balko looks at how federal government incentives to local police departments are encouraging them to concentrate on minor drug offenders instead of helping the victims of violent crime:

Arresting people for assaults, beatings and robberies doesn’t bring money back to police departments, but drug cases do in a couple of ways. First, police departments across the country compete for a pool of federal anti-drug grants. The more arrests and drug seizures a department can claim, the stronger its application for those grants.

“The availability of huge federal anti-drug grants incentivizes departments to pay for SWAT team armor and weapons, and leads our police officers to abandon real crime victims in our communities in favor of ratcheting up their drug arrest stats,” said former Los Angeles Deputy Chief of Police Stephen Downing. Downing is now a member of Law Enforcement Against Prohibition, an advocacy group of cops and prosecutors who are calling for an end to the drug war.

“When our cops are focused on executing large-scale, constitutionally questionable raids at the slightest hint that a small-time pot dealer is at work, real police work preventing and investigating crimes like robberies and rapes falls by the wayside,” Downing said.

[. . .]

Several NYPD officers have alleged that in some precincts, police officers are asked to meet quotas for drug arrests. Former NYPD narcotics detective Stephen Anderson recently testified in court that it’s common for cops in the department to plant drugs on innocent people to meet those quotas — a practice for which Anderson himself was then on trial.

At the same time, there’s increasing evidence that the NYPD is paying less attention to violent crime. In an explosive Village Voice series last year, current and former NYPD officers told the publication that supervising officers encouraged them to either downgrade or not even bother to file reports for assault, robbery and even sexual assault. The theory is that the department faces political pressure to produce statistics showing that violent crime continues to drop. Since then, other New Yorkers have told the Voice that they have been rebuffed by NYPD when trying to report a crime.

November 17, 2011

Updating 1984 to 2011: tweetcrime replaces thoughtcrime

Filed under: Britain, Law, Liberty — Tags: , , , , , , , — Nicholas @ 08:12

Patrick Hayes in the Independent:

Who’s afraid of the English Defence League (EDL) clicktivists? Well the police for a start, who decided to undertake a mass pre-emptive arrest of 179 EDL supporters, while they were drinking in a Westminster pub on Armistice Day, for supposedly planning an ‘attack’ on Occupy London protesters at St Paul’s. The police were tipped off by bloggers who had scoured the EDL’s Facebook posts for threatening remarks, and were apparently also assisted in the arrests by some Occupy London supporters, with the administrator of an Occupy London Facebook page boasting he played a role.

These arrests have rightly chilled civil liberties activists. As human rights campaigner Peter Tatchell tweeted at the time: ‘Democracies don’t arrest people who have committed no crime. EDL today, who next? Civil liberties are for all, even odious EDL.’ Brendan O’Neill has argued on spiked, ‘it seems pretty clear that [EDL] supporters were arrested for committing a tweetcrime, the modern-day equivalent of Orwell’s thoughtcrime, where you’re nicked for what lurks inside your head rather than for anything you’ve done in the real world.’

Strikingly, this illiberal, anti-democratic crackdown on EDL protesters came less than a fortnight after the publication of the most extensive research into the EDL yet: one that reveals the EDL to largely be all tweets and no action.

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