Quotulatiousness

November 17, 2010

Nuclear ghouls unmasked

Filed under: Britain, Bureaucracy, Government, Science — Tags: , , , , — Nicholas @ 09:04

Tabloid headline is in this case completely justified:

Organs of nuclear workers secretly harvested for 40 years, report finds
The families of scores of nuclear power station workers whose hearts, lungs and other organs were secretly stored and tested over a period of almost 40 years were let down by the authorities, a report said yesterday.

Relatives were seldom told that their loved ones’ organs were to be removed, and as a result families buried or cremated incomplete bodies.

In many cases the truth that their organs had been illegally removed and then destroyed in the testing process emerged only many years later.

The three-and-a-half year investigation conducted by Michael Redfern, QC, covered events spread over almost four decades.

This is the sort of thing that retroactively justifies some of the weird paranoias of the last fifty years. It becomes more difficult to dismiss worries that “they” are doing shady and unethical stuff when it turns out that that’s exactly what they’ve been doing.

November 16, 2010

A child protection service with too many failures

Filed under: Britain, Bureaucracy, Law — Tags: , , , — Nicholas @ 08:18

Christopher Booker says that Britain’s bureaucracy to look out for the interests of children is badly off-mission:

For parents who fall foul of this system, often on no more evidence than malicious hearsay, the first shock is to find themselves treated like dangerous criminals. To seize children, social workers seem able to enlist the unquestioning support of the police, who arrive mob-handed, six or eight at a time, beating down doors, tearing babies from their mothers’ arms, holding parents in custody for up to 36 hours while their children are removed into foster care.

The parents must then wrestle with a Kafka-esque system rigged against them in every way. They find themselves in courts where every normal principle of British justice has been stood on its head. Social workers may give written evidence to a judge which the parents aren’t allowed to see. The most outrageous hearsay evidence may be accepted by the court without the parents even being allowed to cross-examine on it.

A key part is played by evidence from supposed “experts”, psychiatrists or paediatricians who may be paid up to £35,000 for their reports, and who receive regular work from the social workers involved. Parents are forbidden to call their own independent experts to challenge a case made against them. They are, all too often, pressured into being represented by lawyers who, again, work regularly for the council, who fail to put their case and who turn out to be just part of the same system.

Parents may be forbidden to testify on their own behalf, but must listen for hours, even days, to everyone else involved — including their own lawyers — putting what amounts to a case for the prosecution. The guardian appointed to represent the interests of the child may never have met the child and merely endorses whatever the social workers say.

Not surprisingly, these bizarre practices are so geared to the interests of a corrupted system that, in the latest year for which we have figures (2008), of 7,340 applications for care orders made by social workers, only 20 were refused.

Meanwhile, the children themselves are handed over to foster homes, which receive £400 a week or £20,000 a year for each child, and where many are intensely unhappy and not infrequently abused. Foster carers and social workers routinely conspire to tell bewildered children that their parents neither love them nor want them back. Children and parents meet at rigorously supervised “contact sessions”, where any expression of affection or attempt to discuss why the children have been taken from home may be punished by termination of the session or denial of further contact.

November 11, 2010

Even more reason to believe that ACTA is a bad deal

Filed under: Bureaucracy, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 08:45

From the folks at BoingBoing:

New revelations on ACTA, the Anti-Counterfeiting Trade Agreement (ACTA), a secretive global copyright being privately negotiated by rich countries away from the UN: ACTA will require ISPs to police trademarks the way they currently police copyright. That means that if someone accuses you of violating a trademark with a web-page, blog-post, video, tweet, etc, your ISP will be required to nuke your material without any further proof, or be found to be responsible for any trademark violations along with you. And of course, trademark violations are much harder to verify than copyright violations, since they often hinge on complex, fact-intensive components like tarnishment, dilution and genericization. Meaning that ISPs are that much more likely to simply take all complaints at face-value, leading to even more easy censorship of the Internet with nothing more than a trumped-up trademark claim.

November 9, 2010

How to create false sympathy for “victims”

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 13:16

Adrian MacNair gives a couple of examples of how to manipulate your reader into a sympathetic view of someone who isn’t actually a victim:

In the first instance we have a story about a court pondering whether a person can agree in advance to unconscious sex. It’s not a particularly edifying piece of news as it discusses an Ottawa court case involving a kinky couple who were involved in sex involving asphyxiation.

Although the article focuses on the court’s upcoming ruling of “sexual autonomy”, a quote from a woman’s legal advocacy group, and the background details of the alleged assault, we only learn in paragraph nine about an extremely important detail:

“The woman took her complaint to Ottawa police two months after the alleged assault, when she was seeking custody of the couple’s toddler.”

Two months after the fact, while embroiled in a custody battle. Sounds like something that could have been delivered a little higher in the story. Indeed, one could rewrite it in such a way that implies this parent is using the legal system in a manipulative way that challenges sexual autonomy just to win her kid.

The second case involves the new parents who “lost their seats” on a flight:

And then we get to salient information in paragraph 11. The couple arrived through security 20 minutes before takeoff, and then decided to run their baby [to] the bathroom because he soiled his diaper. This diaper changing took so long that apparently the airline gave away their seats to standby. Sorry, so sad. Too bad.

Journalism students are taught to find a hook or an angle to make the story of interest to the largest possible audience, but these two cases sound like the story is actually being distorted to fit a pre-decided agenda.

November 8, 2010

We’d love to talk about this First Amendment case, but we’re not allowed to

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , — Nicholas @ 13:08

I sometimes wonder if there was ever any point in the US founding fathers putting that pesky Bill of Rights in place, when it’s so easy for those rights to be circumvented:

Liptak, who has seen part of the secret 10th Circuit order that keeps the amicus brief sealed, says one reason the appeals court gave for its decision is that allowing distribution of the brief would help I.J. and Reason publicly make their case that Reynolds is being persecuted for exercising her First Amendment rights. One of their goals, the Court said, “is clearly to discuss in public amici’s agenda.” Obviously, we can’t have that.

It bears emphasizing that the I.J./Reason brief is based entirely on publicly available information. It does not divulge any confidential grand jury information, protection of which is the rationale for sealing the documents related to Reynolds’ case. The only purpose served by sealing it is to make talking about the case harder.

Discouraging public dissent, of course, is how this case got started. Tanya Treadway, the assistant U.S. attorney who prosecuted Stephen and Linda Schneider, was so irked by Reynolds’ public defenses of the couple that she unsuccessfully sought a gag order telling Reynolds to shut up. Later Treadway initiated a grand jury investigation that resulted in subpoenas demanding documents related to Reynolds’ activism as head if the Pain Relief Network (PRN), including a Wichita billboard defending the Schneiders and a PRN documentary about the conflict between drug control and pain control. Those subpoenas, supposedly aimed at finding evidence of obstruction of justice, are the subject of Reynolds’ First Amendment challenge.

First there were those secret laws in the wake of 9/11, now you’ve got courts ordering information on First Amendment cases to be kept from the public. One fears to ask “what’s next” for fear that they’ll already have an authoritarian answer teed up and ready to go.

November 2, 2010

James Delingpole: “Thank God for the Tea Party!”

Filed under: Britain, Bureaucracy, Government, Liberty, USA — Tags: , , , — Nicholas @ 12:02

James Delingpole clearly wishes he could vote in today’s American elections:

Arriving back at Heathrow late on Sunday night I felt — as you do on returning to Britain these days — as if I were entering a failed state. It’s not just the Third World shabbiness which is so dispiriting. It’s the knowledge that from its surveillance cameras to its tax regime, from its (mostly) EU-inspired regulations to its whole attitude to the role of government, Britain is a country which has forgotten what it means to be free.

God how I wish I were American right now. In the US they may not have the Cairngorms, the River Wye, cream teas, University Challenge, Cotswold villages or decent curries. But they do still understand the principles of “don’t tread on me” and “live free or die.” Not all of them, obviously — otherwise a socialist like Barack Obama would never have got into power. But enough of them to understand that in the last 80 or more years — and not just in the US but throughout the Western world — government has forgotten its purpose. It has now grown so arrogant and swollen as to believe its job is to shape and improve and generally interfere with our lives. And it’s not. Government’s job is to act as our humble servant.

What’s terrifying is how few of us there are left anywhere in the supposedly free world who properly appreciate this. Sure, we may feel in our hearts that — as Dick Armey and Matt Kibbe put it in their Give Us Liberty: A Tea Party manifesto — “We just want to be free. Free to lead our lives as we please, so long as we do not infringe on the same freedom of others”. And we may even confide it to our friends after a few drinks. But look at Australia; look at Canada; look at New Zealand; look at anywhere in the EUSSR; look at America — at least until things begin to be improved by today’s glorious revolution. Wherever you go, even if it’s somewhere run by a notionally “conservative” administration, the malaise you will encounter is much the same: a system of governance predicated on the notion that the state’s function is not merely to uphold property rights, maintain equality before the law and defend borders, but perpetually to meddle with its citizens’ lives in order supposedly to make their existence more fair, more safe, more eco-friendly, more healthy. And always the result is the same: more taxation, more regulation, less freedom. Less “fairness” too, of course.

November 1, 2010

QotD: The emergence of the Tea Party movement

There’s something else that’s been making me very happy lately, and frankly I don’t give a chipmunk’s cheeks who knows or what they may think about it. After years, decades, what even seems like centuries of unremittingly putrescent political news, we are suddenly all witnesses to the spectacular emergence of the so-called Tea Party movement.

The Tea Parties are just one of a number of historically pivotal developments (including the Internet, conservative talk radio, and perhaps even on-demand publishing) that became necessary to get over, under, around, and through the Great Wall of the Northeastern Liberal Establishment and its numberless, faceless hordes of duly appointed gatekeepers.

In that sense, the Tea Parties are exactly what the Berkeley Free Speech Movement and the New Left always aspired to be and never really were.

Just like each of those other developments, the Tea Parties are essentially a medium of communications. So far, they are leaderless and centerless (and at all costs, must remain that way). They have no founders, and no headquarters. They have no constitution, no by-laws, and no platform to argue over endlessly. More conventionally-minded politicrats might view all of these qualities as weaknesses, but they would be mistaken. As presently (un)constituted, Tea Parties can’t be taken over by high school student government types or mercenaries from the major political parties, who have nothing better to do with their lives.

I would point out, especially in the light of the recent Bob Barr embarrassment, that this arrangement is inexpressibly better suited to libertarians and to libertarianism than any formal, hierarchical structure copied from the other political parties (and I have been doing exactly that for almost thirty years) but that would be a digression.

L. Neil Smith, “My Tea Party”, Libertarian Enterprise, 2010-10-31

October 27, 2010

Why can’t Chuck get his business off the ground?

Filed under: Bureaucracy, Economics, Government, Law, Liberty — Tags: , , — Nicholas @ 13:13

October 20, 2010

Shocker: terrorists now free to take photos of public buildings!

Filed under: Bureaucracy, Law, Liberty, USA — Tags: , — Nicholas @ 07:51

<sarc>Speaking of giving terrorists a free ride, some liberal lame-brain has granted terrorists the right to take photographs of public buildings:

The New York Civil Liberties Union and Libertarian activist Antonio Musumeci just won a court case that affirms the right of photographers to take pictures and record video out front of federal courthouses. The US federal government settled the case by apologizing to Musumeci for his arrest, acknowledging that it is legal to record at courthouses, and promising to issue guidelines to federal officers explaining this fact to them.

Amazing. Next you’ll be telling me that just anyone can now brazenly take photos of any federal building at all!</sarc>

October 18, 2010

Paramilitary police raids in the United States

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 12:09

The Cato Institute provides an interactive map of paramilitary police raids:


View Original Map and Database

Click on each marker on the map for a description of the incident and sources. Markers are precise in cases where the address of an incident was reported. Where media reports indicate only a town or neighborhood, markers are located at the closest post office, city hall, or landmark. Incident descriptions and outcomes are kept as current as possible.

Other map features:

– Using the “plus” and “minus” buttons in the map’s upper left-hand corner, users can zoom in on the map to street-level, as well as switch between street map and satellite views. In some large metropolitan areas, there are so many incidents in such close proximity that they tend to overlap unless viewed on a small scale (try zooming in on New York City, for example).

– Users may isolate the incidents by type by clicking on the colored markers in the key (see only “death of an innocent” markers, for example).

– The search function just below the map produces printable descriptions of the raids plotted on the map, and is sortable by state, year, and type of incident.

October 3, 2010

Personal responsibility is key

Filed under: Bureaucracy, Europe, Liberty, USA — Tags: , , , , — Nicholas @ 11:41

A post at The Economist looks at the ongoing debate on liberal/libertarian joint concerns:

My colleague noted the other day the discussion Matthew Yglesias has been having with his readers over whether liberals and libertarians can agree on some regulations they both hate. So, here’s a regulation I hate: you’re not allowed to swim across the lake anymore in Massachusetts state parks. You have to stay inside the dinky little waist-deep swimming areas, with their bobbing lines of white buoys. There you are, under a deep blue New England summer sky, the lake laid out like a mirror in front of you and the rocks on the far shore gleaming under a bristling comb of red pine; you plunge in, strike out across the water, and tweet! A parks official blows his whistle and shouts after you. “Sir! Sir! Get back inside the swimming area!” What is this, summer camp? Henry David Thoreau never had to put up with this. It offends the dignity of man and nature. You want to shout, with Andy Samberg: “I’m an adult!

I would gladly join any movement that promised to do away with this sort of nonsense. For example, Philip K. Howard’s organisation “Common Good” works on precisely this agenda. Common Good’s very bugaboo is useless, wasteful legal interference in schools, health care, recreation, and so on. But what you quickly note with many of these issues is that they’re driven by legal liability concerns. You have a snowblader in Colorado suing a resort because she crashed into someone. You have states declining to put up road-hazard signs because the signs prove they knew the hazard was there, which could render them liable for damages. You have the war on children’s playgrounds. The Massachusetts swimming ban, too, is driven by liability concerns. The park officials in Massachusetts aren’t really trying to minimise the risk that you might drown. They’re trying to minimise the risk that you might sue. The problem here, as Mr Howard says, isn’t simply over-regulation as such. It’s a culture of litigiousness and a refusal to accept personal responsibility. When some of the public behave like children, we all get a nanny state.

As Robert Heinlein put it, “The whole principle is wrong; it’s like demanding that grown men live on skimmed milk because the baby can’t eat steak.”

September 21, 2010

Canadian women more free than American women

Filed under: Cancon, Law, Liberty, USA — Tags: , , , — Nicholas @ 07:56

. . . if only in the right to bare their breasts in public:

A court has ruled that women’s nipples do not enjoy freedom of expression under the US Constitution.

The case was brought by a 16 year old girl, who was one of three women accused of exposing their breasts to passing traffic on an Indianapolis street last year.

She would have faced a misdemeanour charge of public nudity if she had been 18 or over.

She took issue with the fact that exposure of male nips would not have been covered by the law, as Indiana law specifically prohibits exposure of female nipples.

She decided to take the issue, and presumably the breasts in question, to the State Appeals Court. Her argument was that the equal protection afforded by the 14th Amendment meant her breasts should be treated the same as male breasts. The amendment holds that States may not “deny to any person within its jurisdiction the equal protection of the laws.” It has been a feature of civil rights cases since the 19th century — not always in the ways you’d expect.

Of course, having established that right several years ago, very few Canadian women actually exercised that right . . .

September 20, 2010

“I can do whatever I want”

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 12:11

H/T to LibertyIdeals for the link.

September 19, 2010

The end of “ownership”?

Filed under: Economics, Law, Technology — Tags: , , , — Nicholas @ 10:30

Cory Doctorow finds Intel adopting a Hollywood-style “crippleware”/license model in new hardware. As he correctly points out, this is an attempt to move us away from the ownership model, where you buy full control of the object you pay for, to a licensing model, where you only get certain rights of use:

This idea, which Siva Vaidhyanathan calls “If value, then right,” sounds reasonable on its face. But it’s a principle that flies in the face of the entire human history of innovation. By this reasoning, the company that makes big tins of juice should be able to charge you extra for the right to use the empty cans to store lugnuts; the company that makes your living room TV should be able to charge more when you retire it to the cottage; the company that makes your coat-hanger should be able to charge more when you unbend it to fish something out from under the dryer.

Moreover, it’s an idea that is fundamentally anti-private-property. Under the “If value, then right” theory, you don’t own anything you buy. You are a mere licensor, entitled to extract only the value that your vendor has deigned to provide you with. The matchbook is to light birthday candles, not to fix a wobbly table. The toilet roll is to hold the paper, not to use in a craft project. “If value, then right,” is a business model that relies on all the innovation taking place in large corporate labs, with none of it happening at the lab in your kitchen, or in your skull. It’s a business model that says only companies can have the absolute right of property, and the rest of us are mere tenants.

September 10, 2010

Clarifying the clarification

Filed under: Britain, Law, Liberty, Media — Tags: , , , , — Nicholas @ 12:10

It’s going to scroll off the front page soon, so I thought I’d better put in a link to this post about the ongoing confusion in Britain over photography and the right of the police to confiscate images or recordings in certain circumstances. I’ve updated the post twice with more information from The Register.

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