Quotulatiousness

August 2, 2013

How soon we forget…

Filed under: Humour, Randomness — Tags: , — Nicholas @ 09:23

Mancow Muller shows us how quickly we forget the classics:

July 24, 2013

Actually, these sound like typical characteristics for political candidates

Filed under: Media, Politics, USA — Tags: , , , — Nicholas @ 09:37

Jim Geraghty talks about the treasure-trove of media gaffes that is the Anthony Weiner campaign:

We can still laugh at Anthony Weiner… and we will be laughing at him for a long time. But it is starting to feel like we’re watching a man with serious, deep-rooted psychological issues relating to his sexuality, his self-control, his ability to assess risk, his inability to admit the truth unless confronted with overwhelming evidence of his falsehoods, his willingness to see others as objects and God knows how many other issues…

[…]

Did anybody really think Weiner had really changed from the man caught in scandal two years ago? Some may have hoped that fatherhood would make him grow up some, and some may be surprised that he would be so reckless as to choose to run for mayor with additional women out there, waiting to tell their tales of his much more recent tawdry behavior… but did anybody really believe that he had turned over a new leaf and become a changed man? Back in June, BuzzFeed’s Ruby Cramer quoted professional therapists who contended Weiner’s description of his short stay at a psychiatric evaluation center did not come close to what they would consider serious treatment.

People go into politics for a lot of reasons – some altruistic or idealistic or principled, some base, and for many, a mix of both. A career in politics can provide an individual with a lot of what they desire – power, admirers, fame, money. Kissinger declared power to be the ultimate aphrodisiac, so perhaps political stature is indeed a great way to enhance one’s sex appeal. (Right now, half my male readers working in politics just mumbled to themselves, “I must be doing it wrong.”)

Clearly, those fulfilling those desires can be addictive. We’ve seen the comeback playbook executed by politician after politician, time after time, so that it has become a boring, predictable cliché; the more a candidate sticks to the playbook, the less persuaded we should be that there is any real remorse or acceptance of responsibility.

After the “deny, deny, deny” strategy (as Monica Lewinsky quoted Bill Clinton) blows up in a politician’s face, he admits some portion of the accusations, but denies others. (A “modified limited hangout.”) There may be counter-accusations; there is an acceptance of some consequences but not others. At the press conference, the wife may be rolled out as a human shield. There is an insistence that the focus on the scandal has been a distraction from the politician’s real work. There is an insistence that this wrongdoing was a private matter and not the public’s concern. The accusations are driven by partisan motives, anyway. There is an admission of sin and often a very public seeking of spiritual counsel from political allies who are religious figures. There is a soft-focus interview that appears to be an open confession but that remains vague on key details; the privacy of others will be cited. God will get mentioned a lot. And throughout it all, the politician remains convinced: I can come back from this. This isn’t the end of me. As his presidential campaign flopped and his sex scandal ticked like a time bomb, John Edwards was utterly convinced he could trade his endorsement for the running mate slot to either Barack Obama or Hillary Clinton; when that effort went nowhere, he set his sights on being attorney general or, ultimately, nominated to the Supreme Court.

They need this. They so, so need this. They really cannot go on to living a life outside the spotlight, just practicing law somewhere or running a hardware store. (Well, John Edwards is apparently returning to practicing law.)

The spoils of political victory – power, fame, groupies, lucrative post-elected-office jobs in lobbying or consulting – will always attract a certain number of unscrupulous head cases, egomaniacs, narcissists, and borderline unhinged. They will only go away when the voters say “no.”

July 23, 2013

Future monarchs and present-day “republicans”

Filed under: Britain, Government, Media — Tags: , , , — Nicholas @ 09:48

As you may have noticed, I haven’t devoted any space on the blog to coverage of the Duke and Duchess of Cambridge and their son. It’s not that I’m a rabid republican — I’m as much of a mild monarchist as a libertarian can be. What I have found even more tedious than the celebrity pregnancy coverage of the royal baby is the spitting and moaning coming from the “republican” side. Brendan O’Neill (a noted republican) points out that the moaners don’t actually represent real republicans:

So, the royal baby is finally here, and across Blighty the little people will have made themselves virtually bald through frenzied forelock-tugging, or perhaps busted their backs by bowing and scraping before their mewling future king. At least, that’s the impression that has been given by a certain breed of observer, the ironically public-allergic republicans who seem to hate the monarchy primarily because of the behaviour and emotions it induces in the plebs. Once, being a republican meant trusting the public (the clue was in the name) and believing it had the capacity to think and act rationally. Today, if the ostentatious chattering-class wailing about the mob hysteria over Kate’s baby is anything to go by, it means the opposite — it means despairing of the public and shaking a snobby head over its Stepford-like enthralment to all things monarchical.

As soon as it was announced that Kate was expecting, these shallow republicans started bemoaning the mass hysteria that would ensue. Britain will once again become ‘a nation of forelock-tuggers’, clever broadsheet people warned. Apparently, ‘forelock-tugging is all the rage’ in this supposedly modern nation, where the daft blob formerly known as the public is being kept non-angry about the recession and other horror stories through being dripfed info about Kate, Wills and their baby. In the words of the Mirror’s poetic Brian Reade, ‘Our austere country need not grieve, for Wills’ missus can conceive’. That has been the central message of most of the apparently rad commentary on Kate — that the plebs are easily bought off with photos of a pregnant princess and smiling prince. One columnist wrote of the ‘ready-to-whoop peasants’ waiting for news of Kate’s babe. A writer for the Independent said of Kate’s pregnancy, ‘Everyone laps it up… it makes plebs of us all’.

[…]

There are two annoying things about all this. The first is that it’s plain wrong to depict today’s media and public interest in Kate’s baby as a resuscitation of old-world royalist sentiment. Most of the public relates to Kate in the way they relate to celebs — not as a godly bearer of a babe whom we will one day bow before, but as another preggers celeb in nice clothes we can read about in our spare time; a posher Kim Kardashian, if you will. The House of Windsor has self-consciously cultivated a celebrity image for itself in recent years, sensing that its old imperial, mysterious, God-derived powers and so-called right to rule are on the wane in this era of profound crisis for traditionalism, and that celebrity is now a far more powerful source of authority than kingliness. Indeed, the popularity of Kate as just another celeb, albeit a super-A-list one, speaks to the moral diminution of monarchism as it was once understood, to the emptying-out of its alleged magic and power, not to its rehabilitation.

And secondly, this pleb-mauling republicanism is not republicanism at all. It is very often fuelled by an anachronistic desire to protect Kate from the prying eyes of the princess-hungry throng. We are putting poor Kate in a ‘gilded cage’, lefty columnists fret. Others claim we are hounding her — we have clearly ‘learned nothing since Princess Diana’. It’s a very odd republicanism which feels empathy for individual members of the royal family and disdain for the public. For me, editor of the uber-republican spiked, republicanism is not about sneering, but rather is about engagement, taking ourselves and the public seriously, talking about how society should be run, and by whom. And as the American revolutionary John Adams said, pursuing such republicanism means believing the public can be ‘sufficiently enlightened to disabuse themselves of artifice, imposture, hypocrisy and superstition’. Sadly, too few British republicans believe that these days.

Full points to Private Eye for their royal baby cover:

Private Eye

Update: Charles Stross — another republican — has an almost sympathetic view of the new prince’s future:

The kid is not going to have anything remotely approaching a normal life. For one thing, under current UK law, he isn’t eligible to vote. His ultimate career path is already known and if he doesn’t want to put up with it, tough: the pressure to conform to expectations is enormous — he was born under a life sentence. When he ends up in that final occupation he won’t even be eligible for a passport (for long and complex constitutional reasons). He’s going to be the subject of paparazzi attention for the rest of his life. He’s almost certainly going to be sent to a private boarding school of some variety (probably Eton, as with his father), to ensure that he’s exposed to normal people (for “public schoolboy” values of normality); this is normal for the royal family, and it’s worked on previous generations. The usual recipe is for it to be followed by university, then officer training in one of the branches of the military, before joining the Old Firm and learning the onerous duties of public ceremonies and diplomatic receptions. The royals get a particularly brutal work-out in return for their privileges: what other family business would expect an 87 year old great-grandmother to make over 400 public appearances per year?

But those are the traditional parameters of a crown prince’s upbringing. This prince is going to find things a little different because he’s going to be the first designated future British monarch to grow up in a hothouse panopticon, with ubiquitous surveillance and life-logging …

I expect there to be Facebook account-hacking attacks on his friends, teachers, and associates — and that’s just in the near term. He’s going to be the first royal in the line of succession to grow up with the internet: his father, Prince William, was born in 1982 and, judging by his A-level coursework, is unlikely to have had much to do with computer networking in the late 1990s. This kid is going to grow up surrounded by smartphones, smart glasses (think in terms of the ten-years-hence descendants of Google Glass), and everything he does in public can be expected to go viral despite the best efforts of the House of Windsor’s spin doctors.

San Francisco TV station tries using DMCA to hide embarrassing clip

Filed under: Law, Media, USA — Tags: , , , , , — Nicholas @ 09:16

At Wired, David Kravets reports on San Francisco’s KTVU and their attempt to hide the newscast where they “identified” the pilot and crew of Asiana flight 214:

While many of the videos of the segment were still live on Google-owned YouTube, the reason why the Fox affiliate has been demanding their removal doesn’t concern copyright.

“The accidental mistake we made was insensitive and offensive. By now, most people have seen it. At this point, continuing to show the video is also insensitive and offensive, especially to the many in our Asian community who were offended. Consistent with our apology, we are carrying through on our responsibility to minimize the thoughtless repetition of the video by others,” the station’s general manager and vice president, Tom Raponi, told Mediabistro today.

More than 180 were injured and three were killed July 6 when the Boeing 777 slammed on the tarmac.

Under the Digital Millennium Copyright Act, owners of websites where the content is user-generated are obligated to remove copyrighted material at the rights holder’s request, or face the same potential penalties as the uploader. A successful copyright lawsuit carries damages as high as $150,000 per violation.

July 20, 2013

“A man walks down the street in that hat, people know he’s not afraid of anything” – except copyright lawyers

Filed under: Law, Media — Tags: , , , , — Nicholas @ 08:41

At TechHive, Leah Yamshon talks about the fuzzy edge of law in the fan community:

Undying devotion to your favorite TV show can lead to much worse than a sedentary life parked on the couch. For Stephanie Lucas, it threw her right in the middle of an intellectual-property lawsuit: In March she was hit with a cease-and-desist order from 20th Century Fox Television.

Her actionable offense? She was selling a knitted hat inspired by a Fox TV show on Etsy.

Lucas is a member of the Firefly fan community, a group dedicated to Joss Whedon’s short-lived “space western” series that originally aired on Fox. “I’m absolutely in love with this show and its characters,” Lucas says. And thus her shop features one special item dedicated to her fellow Browncoats (a nickname for the Independence fighters in Firefly, and now for the fans themselves).

[…]

The Etsy market is full of unofficial, handmade hats.

The Etsy market is full of unofficial, handmade hats.

Fans who had been knitting these hats for years were now screwed, thanks to Fox’s claim that they broke the law after the official version debuted. But which law?

“Merchandising rights is a monster that has grown without any proper legal backing,” says Madhavi Sunder, a professor of law currently at University of California, Berkeley, with a specialty in intellectual property and culture. “Under traditional copyright law, the exclusive right to make these goods is not there,” she says. The U.S. Supreme Court has made no rulings in regard to merchandising rights, so intellectual-property violations have to be considered on a case-by-case basis.

Intellectual property is protected under both trademark and copyright, but the two concepts are different: Trademark protects names, terms, and symbols used to identify an original work or brand, and copyright protects the creative work itself. According to U.S. copyright law, the only groups with the right to distribute works based on an original creation are copyright holders. So, technically, only the original story creators are allowed to make pieces featuring images and concepts for which they hold the copyright.

July 15, 2013

Edward Snowden as the modern Prisoner

Filed under: Media, USA — Tags: , , , , — Nicholas @ 08:34

Justin Raimondo responds to Melissa Harris-Perry’s open letter to Edward Snowden:

Why didn’t Edward Snowden agree to be jailed, abused, silenced, and quite possibly tortured? This is what Melissa Harris-Perry wants to know.

Harris-Perry is one of MSNBC’s minor weekend anchors, a professor currently at Tulane University who started out retailing her academic pretensions as a sometime guest on the Rachel Maddow and Chris Hayes shows: her job was to inject fancy words like “discourse” and “paradigm” into the standard lefty-“progressive” boilerplate propaganda we’ve come to expect from that venue. With a magisterial tone bordering on the parodic, and complete protection from having to defend her views against any contrary opinions, Harris-Perry soon carved out a niche for herself as a dogged defender of the Obama administration, no matter what the circumstances. So when Snowden emerged as the biggest whistleblower in American history, exposing the existence of a secret surveillance apparatus that snakes into every aspect of American life, she sprang to the Dear Leader’s defense and delivered an “open letter” to Snowden that underscores why no one needs to take her seriously

[. . .]

Listening to Harris-Perry’s tirade, I wondered whether I had stumbled on a heretofore unknown episode of The Prisoner, the cult classic 1960s television series written by and starring Patrick McGoohan, in which a former British intelligence agent who has committed some unknown treason finds himself imprisoned in a place known as The Village. McGoohan’s pioneering series presents a prescient portrait of the anesthetizing Prozac-ed out mass culture of America today: the Village, with it’s pastel houses, outfitted with every comfort, are set in a garden-like “controlled community,” where calming voices are carried on the wind and daily medication prevents coherent thought. Everyone is subject to 24-hour surveillance, and cameras are everywhere. Each episode tells the story of one unsuccessful escape attempt after another, while McGoohan – the prisoner – probes ever deeper into the true nature of the Village. We don’t know what crime he’s been imprisoned for, but the clear implication is that it’s something big, almost Snowden-like. I’m surprised no one has brought up the McGoohan connection: the story lines are parallel if not identical. Snowden seems to be fleshing out McGoohan’s scripts in the front page headlines of every newspaper.

In the series, the Village employs its agents, who are constantly trying to entrap McGoohan into confessing to his alleged crimes, and giving up some Big Secret he supposedly possesses, but he resists. Harris-Perry, in her faux concern for the issues raised by Snowden’s exposure of massive government spying on innocent Americans, is straight out of an episode of The Prisoner, in which an agent of the Village tells him to give up his secret because his “level of celebrity” will somehow protect him. Really? Not, I suspect, if Harris-Perry and her fellow Madam Defarges over at MSNBC have anything to say about it.

I agree with Harris-Perry on one point: it is valid to discuss Snowden, his politics, his personal journey from agent of the state to enemy of the state, but unlike her I don’t think this detracts at all from the actual content of the documents he has made available to Glenn Greenwald and the staff of the Guardian newspaper. Greenwald tells a very interesting back story to all this in his talk given at the “Socialism” conference, in which he relates how and under what circumstances he met Snowden, and how that meeting inspired him to think about how real change comes about.

July 14, 2013

The Zimmerman trial

Filed under: Law, Media, USA — Tags: , , , , — Nicholas @ 10:21

I haven’t written anything about the Zimmerman trial in Florida, and (I just checked) haven’t linked to anything about it either. I don’t watch TV, so I managed to avoid the round-the-clock coverage on US networks, too. As a result, I’m less surprised at the jury’s decision than a lot of people seem to be. For my fellow (in this case) low-information readers, Doug Mataconis wraps up the trial:

… I really don’t see the kind of instant trial analysis that was occurring on each of the cable networks covering the case to be of any value. Indeed, I think that kind of analysis tends to cloud the way that viewers see the case because, unlike the jurors, they are being exposed not just to what unfolds when the camera shows witness testimony but also what they analysts, both pro-defense and pro-prosecution, are telling them. The feeling was reinforced as I watched this case being discussed on social media over the past three weeks and it became apparent to me that many people had already made up their minds about Zimmerman’s guilt or innocence and were viewing the case accordingly. Rulings that Judge Debra Nelson, the presiding Judge, made that were in favor of one side or the others were viewed as being part of some conspiracy. Even when she denied the Defense’s Motion for Judgment of Acquittal at the end of the State’s case, something that happens in pretty much every criminal case given that Judges are loathe to take a case out of a jury’s hands unless there’s simply no evidence to support guilt, it was seen by Zimmerman supporters as a sign that he was the victim of a judicial set-up.

Now, while I didn’t watch all of the trial, I have watched portions of it, and read about day-to-day events elsewhere to form some basic impressions. Based on that, I’ve got to say that I don’t find this outcome surprising. From the beginning, my general impression was that the prosecution’s case was weak, especially for 2nd Degree Murder, which I never thought was an appropriate charge to begin with since they never seemed to be able to prove the intent element of that crime. Indeed, several of the witnesses that the State called, from police investigators to at least two of the neighbors that acted in response to signs of a struggle outside their homes that fateful night, seemed to be more helpful to Zimmerman’s self-defense claim than they were to establishing the elements of either the primary charge of 2nd Degree Murder or the lesser included offense of Manslaughter. Additionally, the prosecutors chose to put into evidence several statements that Zimmerman had voluntarily given to the Sanford Police Department about the incident that night, including a video he participated in the day after the incident in which he walked through his version of what happened the night before with investigating detectives. While there were some minor inconsistencies between several of these statements, none of those inconsistencies seemed extreme enough to doubt his credibility and all of them were consistent with the basic outline of his story that Martin attacked him first, they ended up on the ground with Martin punching him, and that he only ended up shooting Martin when he thought his life was in jeopardy. Additionally, several of the State’s witnesses just seemed to hurt their case — including their so-called “star” witness Rachel Jeantel, who was on the phone with Martin moments before his encounter with Zimmerman, and Medical Examiner Shiping Bao, whose testimony came across very badly compared to the expert that the Defense had hired, Dr. Vincent Di Maio, a nationally recognized pathologist.

In the end, as always, it was the state’s burden to prove that George Zimmerman was guilty of the charges against him beyond a reasonable doubt. By the time the case came to an end, there seemed to be a general consensus among observers that they had not done so, most certainly not with regard to 2nd Degree Murder and that the odds of getting a Manslaughter conviction seemed to slip away as well. Although I had assumed for a long time that Zimmerman would have to take the stand in his defense in order to fully be able to relate the self-defense theory to the jury, that proved to not be necessary are at all thanks largely to the fact that the prosecution had put all of Zimmerman’s previous statements to law enforcement into evidence. So, it was no surprise when he told the Judge shortly before the defense rested that he would not be testifying. There really wasn’t any need for him to do so and, in terms of the risks of cross-examination, the risks were far too great. Instead, his attorneys put on a defense that poked holes in the remaining parts of the state’s case. Additionally, while both sides put on strong closing statements, defense attorney Mark O’Mara’s was a tutorial in the touchstone of criminal defense attorneys, reasonable doubt, and it was obviously enough to convince the jury. Adding all of that together, we had a case where the state simply failed to meet its burden notwithstanding being represented by a trio of attorneys who were quite skilled, and quite passionate in presentation of the case the were given.

Update: An actual Florida lawyer asks for the media to do a few simple things:

3. HLN, get rid of Nancy Grace and Jane Velez-Mitchell. They are not legal commentators helping the public understand our important, essential, and treasured criminal justice system. Neither are many of their guests who should never be asked back. There are 95,000 lawyers in Florida, there is no reason a lawyer from another state who doesn’t know Florida law needs to be on daily telling everyone “I don’t practice in Florida, I don’t know Florida law” just because they can yell. Their daily display of drama may be what you believe to be the “First Amendment,” but it is also pathetic, and making people dumber and angrier.

4. CNN needs to send Sonny Hostin and Gloria Allred packing. First of all Piers Morgan, this is a criminal trial in Florida. Why is the only guest you continue to have on is someone from California that doesn’t practice criminal law and is known for representing, at press conferences, women victims? What could she possibly have to offer about this case?

And CNN, especially Anderson Cooper, get rid of Sonny Hostin. This woman was a prosecution shill from the beginning of this trial, struggling to say anything positive about the defense. Last night, after the verdict, she said “justice took the day off.” She wasn’t there to provide commentary, she was shilling for the state. She should have disclosed from the beginning that she desperately wanted a conviction, that way it would have been easier to listen to her biased commentary. She’s terrible and should never be asked to appear in the media again when there is an important trial.

5. The media, especially TV, needs to start vetting their guests. I know these are lawyers with agents, but they’ve never been in a criminal courtroom, or at least not since they spent a year as a prosecutor in 1978. Can you not find lawyers that actually know what they are talking about? Piers Morgan is asking Gloria Allred what she would do in opening in the Zimmerman case? I have a better question, Gloria, when is the last time you gave an opening statement, in any case?

July 13, 2013

TV station pranked

Filed under: Humour, Media — Tags: , , , — Nicholas @ 00:01

TV station KTVU actually reported that the flight crew on board crash-landed Asiana flight 214 were:

TV station pranked

Deadspin has more, including the video clip:

Bay Area Fox affiliate KTVU purportedly learned the names of the flight crew of Asiana flight 214, which crashed last Saturday at San Francisco International Airport, killing two. These — “Sum Ting Wong,” “Wi Tu Lo,” “Ho Lee Fuk,” and “Bang Ding Ow” — are not their names. The newscaster’s credulous reading puts it over the top.

H/T to Doug Mataconis for the link.

Update: Dave Owens offered the following explanation on one of my mailing lists:

What’s even more awful is that an intern at the NTSB gave them the names.

I imagine he’s a former intern now.

NTSB has apologized.

Update, 15 July: Asiana Airlines has lawyered up over the incident.

Asiana is suing KTVU-TV to ‘strongly respond to its racially discriminatory report’, Asiana spokeswoman Lee Hyomin said.

She said the airline will likely file suit in U.S. courts. KTVU-TV did not immediately reply to emails sent by The Associated Press seeking comment.

The station was quick to correct the gaffe after an ad break following the humiliating broadcast, clarifying the names were clearly wrong and blaming the NTSB for the incorrect information.

Update, 29 July: Korean newscasters get a bit of revenge:

It looks like a Korean news agency is having some fun at KTVU’s expense. After the landing gear failure of the Southwest flight at LGA they showed this graphic with American pilot names “Captain Kent Parker Wright”, “Co-Captain Wyatt Wooden Workman”.

They even went as far as making up fake names for people to interview. Flight instructor “Heywood U. Flye-Moore” and skeptical passenger “Macy Lawyers”.

H/T to Tabatha Southey for the link.

July 11, 2013

Rupert “Emmanuel Goldstein” Murdoch

Filed under: Britain, Business, Liberty, Media — Tags: , , , , — Nicholas @ 07:57

James Delingpole on the quick march to government control over the British media:

I was listening to Radio 4 news yesterday as with salivating glee it reported the recall of Rupert Murdoch to the Culture Media and Sport Select Committee and I thought to myself, not for the first time: “Britain is losing the battle for press freedom.”

What worries me most is that so few of us seem capable of comprehending a) how we’re losing it and b) why it might be a problem. The default assumption behind the BBC’s reportage — and unfortunately, probably, an accurate one — is that most normal people think that Murdoch is the very type of low-down reptilian evil, that he is primarily responsible for dumbing down our culture and abasing standards within our media, and that every time he gets his comeuppance it’s a jolly good thing.

Needless to say, I disagree totally with this analysis — and not purely because I’d love it if he plucked me from obscurity and gave me an incredibly well paid job, writing, say, the James Delingpole Tells It Like It Is column in the Sun. No, I say it because I sincerely believe it. Tabloid media moguls like Murdoch do not create public taste: they reflect it. And if, like me, you believe in free markets and freedom of choice then we should applaud the farsightedness and tenacity with which he broke the print unions at Wapping, and the way he pioneered satellite viewing in Britain with Sky and the way in the US his Fox channel and his Wall Street Journal fight such a heroic and inspiring battle against the liberal consensus. Sure, I’ve no doubt he’s very good at drowning kittens — he’s a ruthless billionaire businessman, for heaven’s sake — but the benefits this buccaneer has brought to our world economically and socially far, far outweigh any he damage he might have done.

Yet you’d never guess this from his treatment in the media nor from the way he’s represented in public debate. Really, he’s like our very own Emmanuel Goldstein — the all-purpose hate-figure created by Big Brother in Nineteen Eighty-Four in order to channel the people’s discontent in the “correct” direction.

July 9, 2013

Replacing impartial courts with revolutionary tribunals

Filed under: Government, Greece, Law, Media, USA — Tags: , , , — Nicholas @ 08:57

Victor Davis Hanson talks about earlier experiments with tribunals:

In ancient Athens, popular courts of paid jurors helped institutionalize fairness. If a troublemaker like Socrates was thought to be a danger to the popular will, then he was put on trial for inane charges like “corrupting the youth” or “introducing new gods.”

Convicting gadflies would remind all Athenians of the dangers of questioning democratic majority sentiment. If Athenian families were angry that their sons had supposedly died unnecessarily in battle, then they might charge the generals with capital negligence — a warning to all commanders to watch their backs. As in the case of Socrates, a majority vote often led to conviction, and conviction to a death sentence, or at least ostracism or exile. The popular courts freelanced to ensure that “the people” would hold sway over the perceived powerful and elite.

For a couple of years in revolutionary France, a Tribunal Révolutionnaire tried royalists, clergy, the wealthy, and supposed counter-revolutionaries on trumped-up charges of crimes against the people. Their purpose was a more violent version of the Athenian idea that the courts should serve the public by targeting the prominent, influential, or wealthy.

We in the United States are in jeopardy of turning our own criminal-justice system into revolutionary tribunals — fanned by the popular media and public opinion and directed against so-called enemies of the people.

[. . .]

The American court system is insidiously focusing on social transformation rather than individual justice. If Neanderthal reactionaries in California twice voted to reiterate that marriage is between a man and a woman, then leave it to judges and courts to find them bigoted and politically incorrect. In the present revolutionary environment, the degree of the Obama administration’s enforcement of federal laws concerning gay marriage, or illegal immigration, or the new health-care law has hinged on politics and perceptions about social justice — and the courts increasingly predicate their own decision-making on these same considerations. The street can brand a court either an esteemed ally or a reactionary enemy of the people, and so the courts make the necessary adjustments.

Update: The New York Times editorial board expresses its concern about “the laws you can’t see”.

As Eric Lichtblau reported in The Times on Sunday, the Foreign Intelligence Surveillance Court has for years been developing what is effectively a secret and unchallenged body of law on core Fourth Amendment issues, producing lengthy classified rulings based on the arguments of the federal government — the only party allowed in the courtroom. In recent years, the court, originally established by Congress to approve wiretap orders, has extended its reach to consider requests related to nuclear proliferation, espionage and cyberattacks. Its rulings, some of which approach 100 pages, have established the court as a final arbiter in these matters.

But the court is as opaque as it is powerful. Every attempt to understand the court’s rulings devolves into a fog of hypothesis and speculation.

[. . .]

As outrageous as the blanket secrecy of the surveillance court is, we are equally troubled by the complete absence of any adversarial process, the heart of our legal system. The government in 2012 made 1,789 requests to conduct electronic surveillance; the court approved 1,788 (the government withdrew the other). It is possible that not a single one of these 1,788 requests violated established law, but the public will never know because no one was allowed to make a counterargument.

When judicial secrecy is coupled with a one-sided presentation of the issues, the result is a court whose reach is expanding far beyond its original mandate and without any substantive check. This is a perversion of the American justice system, and it is not necessary.

July 6, 2013

Dateline 1972 – Nixon tries to “fix” NFL blackout policies

Filed under: Football, History, Media — Tags: , , , , , , — Nicholas @ 08:52

The St. Paul Pioneer Press raided the National Archives to find this clip of President Nixon talking to his attorney general about the outrageous NFL TV blackout policy:

Football populist Richard Nixon was furious at the NFL and wanted to flex his political muscle to end television blackouts.

At 2:06 p.m. on Dec. 18, 1972, Nixon met with Attorney General Richard Kleindienst at the Executive Office Building and railed against the league’s policy that prevented fans from watching their team’s home playoff games on TV.

The 37th president of the United States wanted to intervene because the Washington Redskins-Green Bay Packers postseason game at RFK Stadium on Christmas Eve was going to be blacked out in Washington, D.C., even though it already was sold out.

In a conversation secretly recorded by the White House bugging system that helped doom his presidency, Nixon threatened to sue the league if it did not lift blackouts for the playoffs. The devout Redskins fan ordered Kleindienst to “get busy with your lawyers” and take the fight to NFL Commissioner Pete Rozelle and Redskins owner Edward Bennett Williams.

July 4, 2013

Bonfire of the civil liberties

Filed under: Liberty, Media, Politics, USA — Tags: , , , , , , — Nicholas @ 11:06

A recent article by Dan Gillmore in the Guardian was reposted on Alternet yesterday:

No one with common sense believes Obama is planning to become a dictator. But the mail list question was indeed not paranoid — because Obama, building on the initiatives of his immediate predecessors, has helped create the foundation for a future police state. This has happened with bipartisan support from patriotic but short-sighted members of Congress and, sad to say, the general public.

The American media have played an essential role. For decades, newspaper editors and television programmers, especially local ones, have chased readers and ratings by spewing panic-inducing “journalism” and entertainment that helped foster support for anti-liberty policies. Ignorance, sometimes willful, has long been part of the media equation. Journalists have consistently highlighted the sensational. They’ve ignored statistical realities to hype anecdotal — and extremely rare — events that invite us to worry about vanishingly tiny risks and while shrugging off vastly more likely ones. And then, confronted with evidence of a war on journalism by the people running our government, powerful journalists suggest that their peers — no, their betters — who had the guts to expose government crimes are criminals. Do they have a clue why the First Amendment is all about? Do they fathom the meaning of liberty?

The founders, for all their dramatic flaws, knew what liberty meant. They created a system of power-sharing and competition, knowing that investing too much authority in any institution was an invitation to despotism. Above all, they knew that liberty doesn’t just imply taking risks; it absolutely requires taking risks. Among other protections, the Bill of Rights enshrined an unruly but vital free press and guaranteed that some criminals would escape punishment in order to protect the rest of us from too much government power. How many of those first 10 amendments would be approved by Congress and the states today? Depressingly few, one suspects. We’re afraid.

America has gone through spasms of liberty-crushing policies before, almost always amid real or perceived national emergencies. We’ve come out of them, to one degree or another, with the recognition that we had a Constitution worth protecting and defending, to paraphrase the oath federal office holders take but have so casually ignored in recent years.

What’s different this time is the surveillance infrastructure, plus the countless crimes our lawmakers have invented in federal and state codes. As many people have noted, we can all be charged with something if government wants to find something — the Justice Department under Bush and Obama has insisted that simply violating an online terms of service is a felony, for example. And now that our communications are being recorded and stored (you should take that for granted, despite weaselly government denials), those somethings will be available to people looking for them if they decide you are a nuisance. That is the foundation for tyranny, maybe not in the immediate future but, unless we find a way to turn back, someday soon enough.

H/T to Tim O’Reilly for the link.

June 30, 2013

Steps towards a police state

Rick Falkvinge thinks that the United States is at the point of no return as far as civil liberties are concerned:

While this may seem a trivial observation, it is critical in this context: people tend to be focused on what affects them in the here and now. While some people can connect the dots and follow the line with their eyes into the future, the vast majority of people don’t bother with something that doesn’t affect them directly, personally, and in the present. In 1932, families were still skating in the park in Berlin on weekends. All that nasty stuff was theoretical, rumored, and somewhere else. People who look ahead and try to sound the alarm bell tend to be regarded as tinfoil hats, eccentric, and nuts.

One of the first things that happens past the point of no return into a police state is the persecution of reporters. As a society is closing down, those persecuted first are those with the audience and an interest in reporting the worrying trends that society seems to be closing. This is the proverbial canary in the coal mine. This is the alarm bell. Once that happens, get out of the mine.

An event horizon is a term from astrophysics. It is the edge of a black hole – so the event horizon appears like a black sphere, if you like. Nothing, not even light, can escape from within the event horizon – hence the term black hole. But if you were traveling through space, in direction of the black hole (which may be as large as an entire solar system), then you would notice absolutely nothing as you crossed the event horizon. You would pass a point of no return, and register not a single thing while doing so. The analogy is depressingly apt.

I’ve written before that I believe that the U.S. is lost to encroaching totalitarianism, which it will likely endure for a number of years before it collapses under its own weight (as all empires do sooner or later). With Edward Snowden being hunted relentlessly across the globe for leaking evidence of systematic abuse of power, Glenn Greenwald – who published Snowden’s leaks – was recently criticized for aiding and abetting the leak itself. This is a key choice of words, for aiding and abetting a crime is itself a crime – the wording suggested that the reporter who published evidence of abuse of power is himself a criminal.

Social media marks the end of the red carpet

Filed under: Media, Technology — Tags: , , , — Nicholas @ 00:01

In Reason, Nick Gillespie gets to the root of Alec Baldwin’s problem with social media:

In an interview with Gothamist, the talented actor and annoying loudmouth inadvertently lays bare the real online dynamic behind his anger with new media — and it has less to do with factually incorrect journalism than you might think.

Baldwin’s real issue with new media — he slags Tumblr, Vine, MySpace, Facebook, and more — is that they level kings and queens and even celebrities into a mosh pit of direct, unmediated exchange that is hard as hell to control. It turns out that there’s really no red carpet or champagne room when it comes to the way that stars (read: world leaders, sitcom heroes, famous authors, former child actors, you name it) are treated.

In the Q&A, Baldwin says,

    Twitter began for me as a way to bypass the mainstream media and talk directly to my audience and say, “hey here’s a show I’m doing, here’s something I’m doing.”… But I realized it’s something I’m not really… it certainly isn’t worth the trouble. Rosie O’Donnell is on my podcast this week, and she said that she’s getting off of Twitter, and I said “God, I was thinking the same thing.” I said “you just end up absorbing so much hatred.” You get these body blows of all this hatred from people who… their profiles are almost identical, like “tea party mom, I love my job, I love my kids, I love my country #millitary #guns” and there’s a screaming eagle in the background of their profile, grasping some arrows and tanks rolling in the background and they all want to tell me how much they can’t stand my politics. And I go, “OK.” What kills me is these are people who want to put me out of business, so to speak, as fast as they possibly can, but they don’t want to put BP out of business, who turned the Gulf of Mexico into a cesspool….

Baldwin sputters that the very tools he can use to bypass “the mainstream media and talk directly” to his audience also empowers all those dim people out there in the dark. What’s more, his followers have minds of their own. They may enjoy his turns in Glenngarry Glenn Ross and 30 Rock and guest-hosting on Turner Classic Movies but not really find his views on fracking to be worth a damn. It’s a real kick in the pants for a celebrity to be reduced to asking, “Do you think I’m really changing anybody’s mind?”

[. . .]

Reading Baldwin’s comments, I’m struck by how his comments strongly vindicate what we’ve been stressing at Reason since the dawn of the Internet Age: That the audience has a mind of its own that it’s always been dying to express. What’s different now is that we can. Baldwin’s complaint that “there’s no journalism anymore” (except for the people he likes) and his attack on “tea party moms” who thrill to see the Gulf of Mexico foam with oil are best understood as howls of rage from the ancien regime as new-media sans-culottes storm the gates of privilege and power. Being in charge — of government, of media, of art, of business, of religion — just ain’t what it used to be.

Given his temperament and the massive amount of abuse he seems to have taken, Baldwin’s probably right to vacate Twitter and other forums that allow direct, unmediated access to him. That’s his right to exercise. But among the costs he and other powerful people — pols, pashas, pundits, etc. — will bear is lack of engagement with exactly where the world is literally and figuratively trending.

June 28, 2013

Turkish PM throws treason accusation against BBC journalist

Filed under: Britain, Europe, Media — Tags: , , , , — Nicholas @ 09:07

I guess the BBC is doing a fair job of agitating the powers-that-be, at least in Turkey:

Selin Gerit, a London-based presenter for BBC’s Turkish service, was until last week relatively unknown in her home country. However, that changed when Recep Tayyip Erdoğan told parliament she was guilty of treason over her coverage of the anti-government protests sweeping the nation.

The prime minister’s condemnation has triggered concerns among fellow journalists, who believe Erdoğan — who accuses the media of fanning the demonstrations — is attempting to stifle dissent.

The campaign against Girit was launched last weekend when the mayor of Ankara, Melih Gökçek, posted a series of angry tweets. The BBC criticised what it called government intimidation. The corporation’s comments triggered Erdoğan to claim in parliament the following day that Girit was “part of a conspiracy against her own country”.

Turkish journalists see the focus on Girit as a warning to them all — an example to cow the rest of them into submission. Serdar Korucu, editor of a major domestic news outlet, said: “The prime minister is telling us, ‘Be careful what you say and do, or you can easily be next’.”

The mainstream media have ignored much of the unrest, with CNNTürk airing a documentary on penguins while the central square in Istanbul became the scene of street protests unprecedented in Erdoğan’s 10-year rule. The public was outraged, and protests were staged outside local news outlets.

Many journalists, however, were not surprised. Fatma Demirelli, managing editor of Today’s Zaman, the English-language daily, said self-censorship had long become the norm in newsrooms. “Journalists now have a sort of split brain: on the one hand you see what the news is, but on the other you immediately try to gauge how to report it without stepping on anyone’s foot,” she said. “Self-censorship has become an automatic reflex.”

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