Quotulatiousness

January 19, 2010

A round-up of current “non-lethal” weaponry

Filed under: Military, Technology — Tags: , , — Nicholas @ 07:16

Strategy Page looks at some new developments in the non-lethal weaponry category:

Israel has developed a new non-lethal weapon; the Thunder Cannon. Light enough to be mounted in a cart, it uses a new Pulse Detonation Technology that combines LPG (liquefied natural gas) with air to create a sonic boom in a cannon type barrel. Each burst moves forward at 2,000 meters per second and lasts 300 milliseconds. The cannon generates 60 to 100 bursts per second. One 27 pound (12kg) canister of LPG can create 5,000 bursts. A PDA size control unit does the mixing and detonation. The cannon is effective, at hitting people with these sonic bursts, at ranges of up to fifty meters (152 feet), and eventually double that. At ten meters or less, the burst can cause injury, or even be fatal. Anyone hit by the sonic bursts feels it, and hears it. It’s disorienting, and most people exposed to it flee the area. The technology was first developed to chase birds away from crops. It has been very effective at that. The military version can be mounted on vehicles, and fitted with a nozzle that can calibrate the shockwaves for special mission requirements. [. . .]

The problem is that, non-lethal weapons are not one hundred percent non-lethal, and not nearly as effective as proponents would like. But people love to call them non-lethal, because such devices are intended to deal with violent individuals by using less lethal force. A classic example of how this works is the Taser. A gun like device that fires two small barbs into an individual, and then zaps the victim with a non-lethal jolt of electricity, the Taser has been popular with police, who can more easily subdue violent, and often armed, individuals. Before Taser, the cops had a choice between dangerous (for everyone) hand-to-hand combat, or just using their firearms and killing the guy. While the Taser has been a major success for non-lethal weapons, for every thousand or so times you use it, the victim will die (either from a fall, another medical condition, use of drugs or whatever). This has been fodder for the media, and put Taser users, and non-lethal-weapons developers, on the defensive. Naturally, the manufacturers of these devices want zero deaths, and the users want a device that will bring down the target every time, at a price (for the device) they can afford to pay. There’s no way of satisfying all these demands, but it makes great press, insisting that someone should make it so.

Of course, the media also — rightly — points out cases where police officers use their Tasers like wands of domination . . . Tasering in situation where there’s no need for it or using the Taser like they’re playing paintball with the victim. There’s no need to blame the technology when it’s misused by “professionals”.

December 17, 2009

Judiciary to “fight back” against draconian Tory laws

Filed under: Cancon, Law, Politics — Tags: , , — Nicholas @ 09:03

It’s always nice when your secret opponents actually come out and say that they’re against you. Bob Tarantino shows how the Tories’ “draconian” penalties against criminals are opposed by the judiciary:

In the middle of an otherwise rote piece in a Toronto-area newspaper about how Stephen Harper is just too gosh-darn mean to criminals, there appeared this remarkable passage: “Judges are skilled at devising creative ways to fight back against laws they believe may skew the system. For example, Judge Cole said the elimination of two-for-one pre-trial credit has prompted judges to begin talking openly about forcing trials to be held more quickly. He said Canadian judges may also start compensating by intentionally lowering sentences: ‘That appears to have been the experience in other jurisdictions where Draconian sentencing policies have been forced upon the judiciary.’ ”

The passage is noteworthy for a number of reasons. Neither Justice Cole nor the newspaper’s justice reporter, both of whom can be assumed to have at least a glancing familiarity with the role of judges in our constitutional democracy, saw anything striking in characterizing the proper task of the judiciary as “fighting back” against laws they don’t like.

Nor do they find anything striking about a judge viewing duly enacted legislation as something being “forced upon” the judiciary — as if it were the judges who were being sent to jail.

And judges won’t just be “fighting back” against Parliament — in order to make good on the threat of handing down “intentionally” lower sentences, they will need to ignore case-law precedent. Evidently, neither Parliament nor the previous decisions of judges themselves will be allowed to stand in the way of the determination of certain members of the judiciary to treat convicted criminals lightly.

It’s no surprise that certain members of the judiciary think of themselves as being better able to determine what “appropriate” punishment might be . . . after all, within the statute and case law, that’s what they’re supposed to do. It’s the expansion of that notion that they know better and don’t feel they should be bound by the letter of the law. That’s several steps too far.

December 15, 2009

Nanny state now to come with pop-up warnings

Filed under: Britain, Technology — Tags: , , , , — Nicholas @ 12:36

Just in case you British internet users weren’t already aware, the government may start including pop-ups whenever you access an out-of-country social networking site. Nice of them to at least warn you that your internet usage will be monitored for quality and customer satisfaction (the customer in question is the government, BTW):

The ACPO document, obtained by The Register, suggests the government may “minimise or discourage or give ‘pop-up’ warnings as regards to communications services within the online environment where there is evidence, presented to a Circuit Judge or Secretary of State, that allowing the public access or use of specific communications services could make them vulnerable to fraud, the theft of personal information or other attack”.

ACPO does not explain the technical details of its plan, but points out that “measures already exist to minimise the availability of potentially illegal content”. However, it cites the Internet Watch Foundation’s blacklist of international URLs carrying indecent and abusive images of children, suggesting a parallel list of social networks, forums and real time messaging sites judged to be risky could be created.

The proposal was drawn up by ACPO’s Data Communications Group. The group is chaired by Jim Gamble, the chief executive of the Child Exploitation and Online Protection Centre, which is responsible for policing paedophiles on the internet.

December 11, 2009

They don’t call it the original Nanny State for nothing

Filed under: Britain, Bureaucracy, Government — Tags: , — Nicholas @ 00:05

In case you think the constant stories from Britain of increasing state surveillance of the citizenry are just unrelated events, Shattered Paradigm has more unrelated events for you:

#1) The U.K. has more surveillance cameras per citizen than anywhere else in the world. In fact, according to one estimate, there are 4.8 million video cameras constantly watching every move citizens make.

#2) Government education inspectors in the U.K. have announced that the 40,000 parents who homeschool their own children must undergo criminal records checks.

#3) U.K. authorities are now admitting that every phone call, text message, email and website visit made by private citizens will be stored for one year and will be available for monitoring by government agencies.

#4) Officials in the U.K. have spent two years and massive amounts of money on a study they claim proves that 10-pin bowling is a health and safety hazard and should be banned.

#5) Parents at one school in the U.K. are being forced to undergo background checks to prove that they are not pedophiles before they are allowed to accompany their children to school Christmas carol events.

H/T to Radley Balko, who says that the title “‘Most oppressive Big Brother society on earth’ is a bit much.”

November 25, 2009

I thought Obama was going to be better than Bush on privacy issues

Filed under: Government, Law, Technology, USA — Tags: , , , — Nicholas @ 13:04

Perhaps I was misinformed:

The Obama administration is seeking to reverse a federal appeals court decision that dramatically narrows the government’s search-and-seizure powers in the digital age.

Solicitor General Elena Kagan and Justice Department officials are asking the 9th U.S. Circuit Court of Appeals to reconsider its August ruling that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10.

The 9th U.S. Circuit Court of Appeals’ 9-2 decision offered Miranda-style guidelines to prosecutors and judges on how to protect Fourth Amendment privacy rights while conducting computer searches.

Kagan, appointed solicitor general by President Barack Obama, joined several U.S. attorneys in telling the San Francisco-based court Monday that the guidelines are complicating federal prosecutions in the West. The circuit, the nation’s largest, covers nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.

November 24, 2009

Friendly reminder to UK readers: you do not have a right to remain silent

Filed under: Britain, Law, Technology — Tags: , , , , , — Nicholas @ 07:28

A fascinating story about a case in Britain where the government’s shiny new powers under Regulation of Investigatory Powers Act (RIPA) have been used to jail a schizophrenic man for refusing to divulge the passwords to access his files:

The first person jailed under draconian UK police powers that Ministers said were vital to battle terrorism and serious crime has been identified by The Register as a schizophrenic science hobbyist with no previous criminal record.

His crime was a persistent refusal to give counter-terrorism police the keys to decrypt his computer files.

The 33-year-old man, originally from London, is currently held at a secure mental health unit after being sectioned while serving his sentence at Winchester Prison.

In June the man, JFL, who spoke on condition we do not publish his full name, was sentenced to nine months imprisonment under Part III of the Regulation of Investigatory Powers Act (RIPA). The powers came into force at the beginning of October 2007.

[. . .]

Throughout several hours of questioning, JFL maintained silence. With a deep-seated wariness of authorities, he did not trust his interviewers. He also claims a belief in the right to silence — a belief which would later allow him to be prosecuted under RIPA Part III.

November 10, 2009

QotD: “It’s not that the FBI is merely incompetent”

Filed under: Bureaucracy, Law, Quotations, Religion — Tags: , , , , , , — Nicholas @ 14:11

You know the scariest thing about this? It’s not that the FBI is merely incompetent. It is that, apparently, so many American Muslims in sensitive positions make contact with Al Qaeda that the FBI is forced to conduct investigatory triage and evaluate whether, in their minds, the emails are merely innocent-for-now banter or something demanding a more urgent response.

Otherwise, why the blow-off? I don’t understand how the FBI could possibly deem any chatter with Al Qaeda harmless and not worth investigating unless so much of this was going on that they had decide which illegal chatter with a hot-war enemy was worth their limited let’s-take-a-looksie-at-this resources.

Ace, “FBI: Hassan’s Al Qaeda Emails Were Probably Just Some Research and Social Chatter and Stuff”, Ace of Spades, 2009-11-10

October 22, 2009

It’s not a clever satire

Filed under: Liberty, Media, USA — Tags: , , — Nicholas @ 07:58

John Dvorak thought that this was “meant to be satire or commentary (or is it?) on where London is heading with it’s multiple cameras on every street and where the former East Germany was. And were we could eventually go if we aren’t vigilant.” I don’t think so:

The link provided goes to the LAPD website. Creepy.

October 21, 2009

Can Twittering be sufficient cause for arrest?

Filed under: Law, Liberty — Tags: , , , , — Nicholas @ 12:07

Regardless of your opinions on the particular cause, the recent arrest of a protest organizer should cause concern. Harry A. Valetk looks at the case from a legal standpoint:

“SWAT teams rolling down 5th Ave. … Report received that police are nabbing anyone that looks like a protester. … Stay alert watch your friends!” Pennsylvania State Police arrested New York social worker Elliot Madison last month for being part of a group that posted messages like those on Twitter. The arrest took place in a Pittsburgh motel during protests at the Group of 20 summit. In all, almost 5,000 protesters demonstrated throughout the city during two days, and about 200 were arrested for disorderly conduct.

But Madison wasn’t among those protesting on the street. Instead, published reports say he was part of a behind-the-scenes communications team using Twitter to “direct others, specifically protesters of the G-20 summit, in order to avoid apprehension after a lawful order to disperse.” A week later, FBI agents spent 16 hours in Madison’s home executing a search warrant for evidence of federal anti-rioting law violations.

This isn’t, at least based on the initial reports, a criminal mastermind perpetrating some atrocity . . . this is someone trying to help others falling afoul of legal entanglement. If it turns out that he was attempting something that is clearly illegal, then the courts will sort it out — but that isn’t what appears to be the case here.

Presumably, officers believed that Madison violated this statute when he warned other protesters on Twitter about “impending” police apprehension. But this prohibition assumes that the warning is given to fugitives or others committing a crime. Can we make this broad assumption about an entire group of protesters? Not likely. And, even so, the statute specifically allows warnings to bring that individual into compliance with law (e.g., a motorist warning a speeder about a speed trap).

Still, it seems this arrest is really about speech — what you can say to others during a public protest. Can you warn others online by saying, “Hey, don’t go down that street because the police have issued an order to disperse”?

October 12, 2009

Protip: a police station parking lot is not a “private place”

Filed under: Britain, Law — Tags: , , , — Nicholas @ 12:59

BBC News reports that a couple of Edinburgh pub-goers chose a particularly unsuitable place to go have sex after meeting in the pub:

An amorous couple have been fined for having sex in broad daylight — in a police station car park.

Leanne Richardson, 26, and Ross Welsh, 30, had to be physically stopped mid sex act by officers from Portobello police station in Edinburgh.

They both pleaded guilty to committing a breach of the peace in the car park on 21 April and were fined £200.

October 7, 2009

Jon writes to his Member of Parliament

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:01

I sent a link to Jon the other day, asking if he’d really voted for this guy. This prompted Jon to send this to his Member of Parliament:

Dear Mr. Van Loan —

Just wondering if you could comment on the Michael Geist article that appears at the following locations:

http://www.michaelgeist.ca/content/view/4424/135/
http://www.thestar.com/news/article/701824
http://www.ottawacitizen.com/news/curious+case+access+request+that+wasn/2045337/story.html

I am wondering if you could elaborate on why you are using the kidnapping case mentioned in the article as an example of why law enforcement agencies require increased access to internet service provider (ISP) information without oversight by the courts. Considering that ISP information seems to have played no role in this case, the case does not sound like a particularly good example of why such access is required.

Also, should the “lawful access” legislation pass, what guarantees are there that government agencies will not abuse such access for political purposes? I suspect that this sort of thing already happens in Canada, but such abuse is currently (in theory) illegal. Removing the requirement for a warrant and providing open access to an ISP’s customer records is something that seems to be wide open to abuse.

Please advise as time permits.

Thanks and best regards —

Jonathan [Redacted]

In a separate email, he also explained that he’d met Van Loan once before, with less-than-perfect meeting of the minds:

Ah yes. We knew however many years ago it was when we first voted for the guy what he would be doing. That whole telepathy and prescient seeing thing is working very well for us. Explains my success at Casino Rama.

Snark aside, though, I will admit that I put on the badge of shame years ago when I asked the guy at a local event about the child care tax credit — you know, the $100-per-month-per-kid-beer-and-popcorn fund. When I asked why they did not just reduce parents’ taxable income by $1200 per year rather than give us back our own money (less interest and opportunity cost, of course), he said that “But then people who have no income wouldn’t get anything.” My wife and I responded in unison: “Well, that’s their problem!”<flea-asterisk>**</flea-asterisk>

Van Loan and I looked at each other and I think we both regretted that I had voted for him.

<flea-asterisk>**</flea-asterisk><flea-snark>That sentence could also be emphasised as “”Well, that’s their problem, [right there]!”</flea-snark>

October 5, 2009

Challenging Canada’s prostitution laws

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 12:52

Canada’s archaic laws governing the sex trade are being challenged in court:

If she could do it herself, Terri-Jean Bedford would strike down Canada’s prostitution laws, perhaps using the riding crop she plans to bring to court.

Instead, the Toronto dominatrix and two other sex workers have launched a sweeping constitutional challenge to the legislation, arguing it perpetuates violence against women.

The landmark case gets underway Tuesday in a University Ave. courtroom where Bedford, in a nod to traditionalism, is promising to arrive conservatively attired, even if she is packing a tool of her trade.

Prostitution is legal in Canada: that fact always seems to be a surprise to most people. What isn’t legal are all the other activities surrounding the act: soliciting customers, having a safe place to conduct your business, and so on. This has always made prostitutes more liable to be injured or killed because they have to ply their trade in unsafe conditions, and they are rarely taken seriously when they attempt to get the police protection they should be entitled to.

The 49-year-old Toronto grandmother, along with prostitutes Valerie Scott, 51, and Amy Lebovitch, 30, is asking Ontario’s Superior Court of Justice to invalidate Criminal Code provisions that serve as Canada’s policy response to the world’s oldest profession.

They argue that prohibitions on keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade force them from the safety of their homes to the insecurity of the street, where they are exposed to physical and psychological violence.

October 4, 2009

Are the Democrats rediscovering a taste for civil liberties?

Filed under: Government, Law, Liberty, USA — Tags: , — Nicholas @ 11:57

There’s been very little I could find to praise in the performance of the current US majority party in both houses of Congress, until very recently. Democrats, including newly minted Senator Al Franken, are appearing to seriously threaten the renewal of several portions of the Patriot Act, due to expire this year:

Some Democratic lawmakers have long wanted to weaken the act, and now, with big majorities in the House and Senate, they have their chance. But the renewal debate just happens to come at a time when recently uncovered domestic terror plots — most notably the Denver shuttle bus driver and his colleagues caught with bomb-making materials and a list of specific targets in New York City — are highlighting the very threats the act was designed to counter. Republicans are fighting to keep the law in its current form.

“These three provisions have been very important for the investigative agencies who are working every day to protect us from terrorist attack,” says Sen. Jeff Sessions, ranking Republican on the committee. “Before the Patriot Act, terrorist investigators had far less authority to get records and documents than a DEA or an IRS agent.”

Democrats have proposed a number of changes, all of which would weaken the law. Sen. Russell Feingold wants to do away with the “lone wolf” provision entirely. Sen. Patrick Leahy, the Judiciary Committee chairman, would make it more difficult for investigators to obtain business records. In addition, Leahy wants to return to legal standards that existed before September 11 regarding “national security letters,” which are essentially subpoenas issued by the FBI and other security agencies. “They are going back to a September 10th mentality — literally,” says one GOP committee aide.

The original Patriot Act was “the most abominable, unconstitutional congressional assaults on personal freedom since the Alien and Sedition Acts of 1798 made it a crime to libel the government” (Andrew P. Napolitano). It was a blank cheque for the one of the most far-reaching extension of law enforcement into the private lives of Americans in over 200 years (ranking with both Prohibition and the War on Drugs as liberty-reduction methods).

September 28, 2009

Random links of possible interest

Filed under: Health, Law, USA — Tags: , , , , , — Nicholas @ 07:38
  • More on the ongoing ammunition shortage in the US, as manufacturers are still unable to produce enough to satisfy demand.
  • Police at G20 take trophy photo including arrested protester handcuffed and kneeling in front of the group. H/T to Radley Balko.
  • Voyeurs rejoice! What sounds like a report from the Journal of Spike TV reveals that a mere 10 minutes of ogling well-endowed women provides as much benefit to men as 30 minutes in the gym, as far as heart disease, high blood pressure and stress are concerned. H/T to Ghost of a Flea.
  • New Zealand bans in-vehicle GPS navigation systems . . . but only if they’re running on a mobile phone. Non-phone based systems apparently don’t distract you with directions the way phone-based ones do. Or something.
  • Detroit Lions fans love the Washington Redskins.

September 8, 2009

Follow-up on the Fire Chief who was shot in court . . . by the police

Filed under: Law — Tags: , — Nicholas @ 18:21

The situation isn’t any less surreal than the original report. Kevin Drum provides an update:

He’s OK, but the police department, which was already in deep trouble for its habit of ticketing everything on wheels that rolled through Jericho, has been disbanded and all outstanding tickets have been voided. The town’s part-time judge has quit too. And nobody knows what’s happened to all the ticket revenue.

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