Quotulatiousness

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.

October 25, 2011

Gangs not to blame for London’s August riots

Filed under: Britain, Government, Media — Tags: , , , , , , — Nicholas @ 09:15

Brendan O’Neill debunks the widespread story that the August riots were either gang-led or pre-planned by gangsters:

In the aftermath of the riots, police, politicians and penmen all arrived at the same conclusion: gangs have taken over parts of England. Organised cliques of mask-wearing, territory-protecting youth, who divide themselves into ‘elders’, ‘soldiers’ and ‘youngers’, are turning bits of London and other English cities into something akin to south-central LA. These gangs orchestrated the violence, we’re told, as a way of staking their claim over local patches of land and warning off the ‘Feds’ (police). It is now apparently time, says David Cameron, for a war against ‘gang culture’.

There’s only one problem with these claims: they are complete and utter bunkum. No doubt gangs exist in some parts of urban England, and no doubt some of them are criminal. But there is no ‘gang culture’ and gangs were not responsible for the recent rioting in London and elsewhere. ‘Gang culture’ is almost entirely the imaginary creation of a political elite which prefers to fantasise that urban implosion is a product of gang conspiracies, rather than face up to the harsh reality that the riots were triggered by the twin crises of community solidarity and state authority.

[. . .]

Perusing the press, it was hard to tell if you were reading genuine reports about English cities or drafts for a movie about the life and times of 50 Cent. ‘Inside the deadly world of gangs’, screamed newspaper headlines, inviting readers to peer at these violent groups where new recruits as young as nine are referred to as ‘Tinies’ or ‘Babies’, while teenage members are known as ‘Soldiers’ and the overlords have the title ‘General’. Apparently there are 171 such gangs in London alone. Journalists write about being ‘embedded’ with the police, as if they’re in Iraq rather than England, and observing an ‘inner-city underworld’. This underworld exploded into the overworld two weeks ago, we’re told, when these military-style gangs ‘orchestrated’ looting through social media or by ‘laying on minibuses to ferry yobs into and around towns’.

[. . .]

Often, the hotheaded claims about Britain being overrun with hundreds of gangs simply do not stand up to scrutiny. So the Metropolitan Police claims there are 171 gangs in London, while the Home Office says there are 356 gang members in London. As one study pointed out, this would mean ‘around two people per gang’

October 21, 2011

Incentives matter, police edition

Filed under: Law, Liberty — Tags: , , , , , , , — Nicholas @ 10:00

Jonathan Blanks explains that the incentives provided to police officers clearly do influence their behaviour:

Last week, former undercover police officer Stephen Anderson told the New York State Supreme Court that planting drugs on innocent people was so common that it didn’t even register emotionally to him. The story is starting to get traction in the media as an egregious example of police corruption, but it’s notable only because of the admission to the practice in open court. Each year, there are hundreds of cases in which police officers are caught stealing, using, selling, or planting drugs or pocketing the proceeds from drug busts. Despite the obligatory PR protestations that any given instance of corruption is an isolated case, the systemic, legal, social, and economic incentives in every law enforcement agency in America combine to make police corruption virtually inevitable. And with no other category of crimes are these incentives stronger than with drug crimes.

Anderson testified that drugs would be seized from suspects at a given bust, divided, and then used again as evidence against other people on site (or at a time later) who had nothing to do with the initial arrest. This was, in part, due to established drug arrest quotas the officers needed to meet. As public servants, police departments face the same budgetary pressures as any other government entity and thus their officers are required to meet certain benchmarks set by the powers that be. Added to the normal budgetary justification, however, many police officers are in the position to confiscate cash and property that can be sold at auction thanks to civil asset forfeiture laws. Many departments across the country keep a percentage or the entirety of forfeiture proceeds, so pressure to maintain a certain level of drug arrests is something straight out of Public Choice: 101.

New study shows Tasers often misused by police

Filed under: Law, Liberty — Tags: , , — Nicholas @ 09:36

Robert Farago lists some of the findings from a recent New York Civil Liberties Union study on the use and mis-use of TASERs:

  • Nearly 60 percent of reported Taser incidents did not meet expert-recommended criteria that limit the weapon’s use to situations where officers can document active aggression or a risk of physical injury.
  • Fifteen percent of incident reports indicated clearly inappropriate Taser use, such as officers shocking people who were already handcuffed or restrained.
  • Only 15 percent of documented Taser incidents involved people who were armed or who were thought to be armed, belying the myth that Tasers are most frequently used as an alternative to deadly force.
  • More than one-third of Taser incidents involved multiple or prolonged shocks, which experts link to an increased risk of injury and death.
  • More than a quarter of Taser incidents involved shocks directly to subjects’ chest area, despite explicit warnings by the weapon’s manufacturer that targeting the chest can cause cardiac arrest.
  • In 75 percent of incidents, no verbal warnings were reported, despite expert recommendations that verbal warnings precede Taser firings.
  • 40 percent of the Taser incidents analyzed involved at-risk subjects, such as children, the elderly, the visibly infirm and individuals who are seriously intoxicated or mentally ill.

    October 19, 2011

    Four year sentence for . . . posting an idiotic suggestion to Facebook

    Filed under: Britain, Law, Liberty — Tags: , , , , , — Nicholas @ 08:54

    Patrick Hayes attempts to point out that the sentence imposed on Facebook idiot Jordan Blackshaw is both disproportional and a clear and present danger to free speech rights in Britain:

    Did you know that all it took for people to trash their own neighbourhoods this summer, such was the ‘collective insanity’ then gripping the UK, was for someone to suggest they do so on Facebook? A few words saying something like ‘let’s have a riot’ and, hey presto, off people went to have a riot.

    This didn’t happen, of course. But it is a view of last August’s riots that seems to provide the rationale behind the sentencing of 20-year-old Jordan Blackshaw. This was the man, lest we forget, who on 9 August set up a Facebook ‘event’ entitled ‘Smash Down in Northwich town’. This hardly inspiring suggestion involved would-be rioters meeting up for said ‘smash down’ outside a local McDonald’s.

    In explaining why Blackshaw was to receive a four-year jail sentence for doing nothing more than publishing words online, the judge claimed that ‘this happened at a time when collective insanity gripped the nation’. Blackshaw’s conduct, he continued, ‘was quite disgraceful and the title of the message you posted on Facebook chills the blood’. Yesterday, Blackshaw’s appeal against the harsh sentencing, alongside that of another ‘Facebook rioter’, was rejected by the Crown Court.

    So, how many people responded to Blackshaw’s online suggestion during this period of ‘collective insanity’? The answer is one: Blackshaw himself. (He was immediately arrested). In fact, only nine of his 147 Facebook friends even responded online. Yet the reason for this collective no-show, at least as far as the judge was concerned, was ‘the prompt and efficient actions of police’ who eventually took Blackshaw’s Facebook page offline.

    October 13, 2011

    The war on photography continues: Glasgow shopping mall front

    Filed under: Britain, Bureaucracy, Liberty — Tags: , , , , — Nicholas @ 09:03

    Nick Thorne recounts the over-reaction of mall security (and the local police) to an alleged incident of photography at the Braehead Shopping Centre in Glasgow:

    It took a high-profile internet campaign to get a shopping-centre chain to reconsider its irrational photography policy. After security guards at Glasgow’s Braehead Shopping Centre stopped Chris White from taking a picture of his own four-year-old daughter, White set up a Facebook page called ‘Boycott Braehead’. In just three days it was ‘liked’ by over 20,000 people. Capital Shopping Centres has now announced that 11 of its malls will from now on allow family and friends to take pictures of each other.

    So, parents can now take snaps of their kids eating ice cream, like White did, without worrying about security guards telling them they’re committing an offence, as White was told, or being taken away for questioning by cops who threaten to use anti-terror powers to take snappers’ cameras away, like an officer warned White. That’s splendid.

    White’s Facebook campaign went viral and Braehead Shopping Centre was forced to apologise for its overreaction. Common sense won the day. But why was the photography policy implemented in the first place? And why was an innocent, everyday occurrence interpreted as a potentially dodgy, abusive incident?

    A statement from the shopping centre explained that staff had become suspicious ‘after they saw a male shopper taking photographs of a child sitting at their counter’. The security guard who went over to investigate said that he had at no point been informed that the girl was White’s daughter. The automatic assumption, it seems, was that a man taking a picture of a child must be some sleazy scumbag.

    October 7, 2011

    Matt Gurney: Caledonia, the election issue that wasn’t

    Filed under: Cancon, Government, Politics — Tags: , , , , , — Nicholas @ 12:15

    After a quick run-down of why the Tories blew the election (their bucket of snot campaign offerings that differed only in slight degree from the Liberals) Matt Gurney explains why McGuinty’s win is tragic:

    It’s because of one word, a word that was barely spoken during the campaign: Caledonia.

    The story is familiar, but warrants recapping: In 2006, sections of that small town were occupied by Six Nations native “protestors” (read: thugs) who were protesting the development of a new subdivision that the thugs believed encroached on their land. The native thugs terrorized local residents, driving some from their homes. Citizens, and police officers, were assaulted. Public property was destroyed.

    The Ontario Provincial Police did nothing, despite the palpable shame of many of the officers who were clearly humiliated at standing by and doing nothing while the law was flagrantly broken before their eyes. It was clear to any observer that they had been ordered to simply keep the sides separated and not worry too much about such trivialities such as arresting criminals and detaining them until the Crown could lay charges. They were, as Dalton McGuinty told our editorial board last month, peacekeepers. As he said then, he wished he could give them all a blue helmet.

    Nice, fluffy sentiment. Premier Dad at his best. But there’s a problem with it: The police are not peacekeepers. That’s the military’s job. The job of the police is to enforce the law. And it’s not a small difference. Our entire civilization hinges upon the public trusting the government to maintain the lawful peace and at least a rough approximation of justice. In Caledonia, the Liberals didn’t even try.

    October 5, 2011

    The police are not subject to the rules they enforce on gun owners

    Filed under: Cancon, Law, Liberty — Tags: , , , — Nicholas @ 11:52

    Lorne Gunter itemizes some of the many, many ways that legal gun owners in Canada can be tripped up by vagaries and inconsistencies in the law:

    Since Bill C-68 became the law of the land more than 15 years ago, one of the most common charges police have laid against gun owners has been for unsafe storage. The reason for this is that the federal firearms law is very unclear about what constitutes safe and unsafe storage.

    Is it enough to have one’s firearms locked away in a gun safe or must they also have trigger locks installed? How secure must the safe’s lock be: strong enough to keep a thief out for two minutes? Five? Fifteen?

    Is it OK to store ammunition in the same safes as guns or must bullets and shells be in separate safes from one’s firearms? Must the two safes be in separate rooms?

    There are no hard-and-fast rules, so in some provinces, unsafe storage provisions have become catchalls. In Ontario, for instance, most frontline officers have been trained to lay unsafe storage charges against any gun owner whose firearm lacks a trigger lock, even if the owner had just removed the lock so he could use his firearms to defend his home or family against intruders.

    These unwritten rules make self-defence next to impossible. You are permitted by law to use a gun to defend yourself and your home against an armed intruder, but you cannot remove the locks on your guns to defend your loved ones, yourself or your property unless you’re willing to be charged with unsafe storage.

    Perhaps the unsafe storage rules are should be called a Catch-22 rather than a catchall.

    Oddly enough, the police don’t hold themselves to the same standard that they so unevenly enforce on the citizens. According to a recent FOIA result, police forces in Canada have lost more than 400 firearms over the last three years, but no police officers have faced criminal charges or loss of their jobs over these losses. Yet another way that the police have different rules than ordinary citizens.

    September 27, 2011

    Reaping the (censorship) whirlwind

    Filed under: Britain, Law, Liberty, Media — Tags: , , , — Nicholas @ 09:28

    Mick Hume points out that the recent threat of police cracking down on the press — the Guardian in particular — was illiberal and unjustified, yet quite in line with what the Guardian had encouraged be done to Murdoch’s media empire.

    It was, as all liberal-minded people (and Richard Littlejohn of the Daily Mail) agreed, an egregious assault on press freedom for the Metropolitan Police to threaten legal action to force the Guardian to reveal its sources. So there was much celebration and not a little smug satisfaction in media circles when the Met, under pressure from within and without the legal system, dropped the action last week.

    Where, the Guardian editors and their outraged high-level supporters demanded, did the Met ever get the ‘ill-judged’, ‘misconceived’ and ‘perverse in the extreme’ idea that they could order the Guardian to tell them who leaked details of Operation Weeting, the phone-hacking investigation?

    It’s a good question. Where on earth could Inspector Censor and PC Prodnose have got the notion that it was their business to investigate, arrest and prosecute journalists, or interfere with the operations of a free press? Step forward the moral crusaders at of the Guardian and its allies.

    For years they have been demanding more police and legal action against the Murdoch press and those allegedly involved in phone-hacking, inviting the authorities to police the media more closely. Then these illiberal liberals throw their arms up in horror when the authorities try to take advantage of their invitation to investigate the high-minded ‘good guys’ at the Guardian as well as the lowlife at the defunct News of the World. Their naivety is only exceeded by their elitism. Give the state a licence to interfere with the press, and you should not be surprised if it tries to exploit it — even if today’s spineless state officials ultimately lacked the gumption to take on the Guardian.

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