It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow.
(James Madison, writing as “Publius” in The Federalist No. 62)
The current Code of Federal Regulations in the United states is pushing 180,000 pages, far more than any human can ever hope to read. The Federal Register, which reports on changes to these regulations, is now in the vicinity of 70,000 pages per year. This does not include, of course, the size of the underlying United States Code, or the size of many rules that are not part of the CFR, or the size of local and state laws and regulatory rules, or the mass of court rulings, administrative rulings, tax court rulings, IRS opinions and the like.
The police show off. A reputation is shattered.
- Libby Purves has written in the Times about the recent extremely well publicised police raid on Cliff Richard’s house. The article is behind a paywall, but here are some choice lines:
Lost in an unfamiliar landscape? Ask a policeman. What I want, officer, is statistics on the usefulness of dawn raids, especially where the allegation involves not weapons, drugs, account books or contraband but a sexual misdeed 30 years ago. Do you generally find a diary from 1985 saying “Molested X today”? Or is there always some extreme porn left around to confirm dodginess? Does this apply even if it is only one of the suspect’s homes you raid? Suppose all his wicked stuff was in Barbados all the time?
More pressingly, officer, is justice served by confirming a raid to the TV news in time for them to hire a helicopter? Then complaining that this causes them to turn up? How do you square it with the College of Policing guideline that without compelling reason suspects shouldn’t be identified? Is the fact that chummy will make headlines a compelling reason?
And there are flaws in the theory that famous names must be named: when some ordinary joe is accused there is no publicity, yet convictions are achieved.
Another problem is the risk of attracting hysterics, liars, and fantasists keen to surf on the excitement and waste police time.
My understanding is there was an argument inside government between the two halves of the coalition and that argument has gone on for three months. So what the coalition cannot decide in three months this House has to decide in one day. This seems to me entirely improper because of the role of Parliament – we have three roles:
One is to scrutinise legislation, one is to prevent unintended consequences, and one is to defend the freedom and liberty of our constituents.
This undermines all three and we should oppose this motion.
- David Davis MP
…he is the one the Stupid Party rejected for Cameron.
As the rest of the world becomes more skeptical about mass surveillance, there is one country where it is seldom ever mentioned, except to babble about the need for more of it. The country that the romantic conservative Daniel Hannan says “invented freedom“: Britain.
The latest symptom of the “polite and commercial people” of Britain’s complacent unconcern with freedom and privacy is emergency legislation to be passed through all parliamentary stages early next week, the Data Retention and Investigatory Powers Bill or Act, as we shall have to call it almost immediately. There is little doubt this will happen. All three major parties are agreed they will drive it through.
The “emergency” is a confection. It is ostensibly because of a legal challenge to regulations under an EU directive which was invalidated by the European Court of Justice – which took place in April. So obviously it has to be dealt with by hurried legislation to be passed without scrutiny and not even adumbrated in public till Wednesday. This is the order of events:
- 8th April – ECJ declares Data Retention Directive 2006/24/EC invalid – in theory telcos and ISPs no longer required to gather certain data
- …wait for it…
- 7th July – Rumours surface in the press that “something will be done”
- 9th July – The Sun in the afternoon carries a “security beat privacy” piece boosting the scheme as the only way to beat terrorists and paedophiles.
- 10th July, 8am – Emergency cabinet meeting briefs senior ministers.
- 10th July, 11.18am – Bill becomes available on gov.uk website (still not available via parliament), Home Secretary makes statement in parliament.
- 11th July (Friday), 4pm – Draft regulations to be made under the Bill as soon as it is enacted made available.
- 15th July (Tuesday) – All House of Commons Stages of the Bill (normally about 4 months).
The pretext, reinstating these regulations (which the Home Office has claimed are still subsisting in the UK anyway) is hard to accept as “vital”. Other countries manage fine without them, and they only existed at all because of some bullying by the UK of other EU states after the 7th July 2005 bombings. I covered this background in an article for City AM written on Thursday. But since then we have had a chance to read what is proposed.
Reinstating the regulations – or anchoring them against legal challenge, since they are still operating – would be simple. The new Bill need only say that parliament enacts the content of the regulations as primary Act of the UK parliament. I wouldn’t be pleased. But it would be doing what was required by the ostensible emergency. That however is not what is happening. The new Bill would broaden the regulations and the scope of the Regulation of Investigatory Powers Act under which most state snooping in Britain is conducted and give the Home Secretary powers radically to expand the data required, by further regulations. It is a move in the direction of the supercharged surveillance regime set out in the Communications Data Bill, which was dropped as too controversial ante-Snowden. The clearest detailed analysis is by David Allen Green in the FT, he says:
The removals of civil liberties, and the encroachments of the state, are rarely sudden and dramatic. It is often a subtle change of legal form here, and the deft widening of legal definitions there. And before one knows it, the overall legal regime has changed to the advantage of officials and the otherwise powerful, and all we have done is nod-along as it happens.
I fear it is worse than that. Politicians and press have been so comprehensively suckered that some who would normally stand up for civil liberties are burbling about how “it offers [the] chance to bring rise of surveillance state under democratic control”. DRIP.
The Liberal Democrat politicians who have been most reliable n this topic all appear to have been bought off with a sunset clause and the ludicrous promise of “a review”, even though they have now had several years of experience of arrant avoidance of their questions by the intelligence services. DRIP
Even this cannot persuade them that the security state (sometimes called the “deep state”, though that flatters its dysfunctional smugness) is mocking them. DRIP.
Our permanent establishment in Whitehall treats ministers with condescension, and mere parliamentarians with the same contempt it reserves for ordinary citizens. But those in public life need to believe the state is their honest servant. DRIPS!
This is now several weeks’ old and I fear that coverage of this issue could fade in the usual 24/7 news cycle, but it deserves to be kept in public view, hopefully continuing to raise a stink. I am talking about a recent European Court of Justice ruling regarding whether a person/institution can demand that an online outfit such as Google can be made to remove material about said person/institution that is damaging, sensitive or highly personal. People are talking about the “right to be forgotten”. Note that the information doesn’t need to be libellous. Even if it is embarrassing but clearly true, a website can be required to remove it. This means that certain organisations and people – and you can think of the sort I mean – have an open opportunity to remove items about themselves that they dislike. It is a monstrous interference with freedom of speech and demonstrates just how badly Europe misses any sort of First Amendment protection of free speech (although as I pointed out the other day, even the US these days has defaulted).
There doesn’t appear to be a lot of anger about this from the media as a whole – there hasn’t been the kind of reaction that attended the Leveson Report, for example. It is easy for some faux civil libertarians to say, perhaps, that the ruling affects nasty, big – usually American – firms such as Google, but that supposition is foolish. Anyone with a website carrying information that someone might object to might face this problem. As for journalists trying to track down information about people and using online channels, this is a very damaging step. It stinks.
There are lots of reasons for objecting to how Europe is currently run and I want out of the EU, although unlike some of those who want to quit, want to do so for pro-freedom reasons, not due to nationalism or terror about immigrants. I have no illusions, of course, about national courts and parliaments in that they can be just as moronic in trying to oppress freedom of speech as a supranational one. We tend to forget that point. But national stupidity can be easier to circumvent than transnational stupidity. Anyone who takes civil liberties and freedom of speech issues seriously ought, in my judgement, to want to see the entire European superstate edifice crumble into dust. It won’t end assaults on freedom, but it will make such assaults less difficult to escape.
This item, out a few days ago, from one of my favourite bloggers, Tim Sandefur, ought to be part of a firestorm of debate out there over the contempt that the current occupant of the White House has shown for the First Amendment. The sad fact is, however, that a large chunk of allegedly “progressive” or “liberal” opinion (such a shame that fine word has been debauched) is unsteady on defending free speech (and quite a lot of “conservatives” are not much better).
Read the whole thing, as the saying goes. And wonder if you will why not more of a stink has been created about this. Almost a quarter of a century ago, when Salman Rushdie went into hiding in the UK after publication of his Satanic Verses book (I haven’t read it), we had an early taste from how some people were willing to make excuses for the murderous intent of fundamentalist Muslims. But to their credit, lefties such as Christopher Hitchens were willing to take a stand. In fact this was the sort of issue that I think turned Hitch away from some of his reflexive Leftism and into being a more free-ranging contrarian.
Via the Twitter page of Dominique Lazanski, I recently found my way to a fascinating but depressing piece about Russian internet policy, by “Russia’s First Blogger”, Anton Nossik:
As for Putin’s solemn oath to protect the Russian Internet from any undue and arbitrary attempts at government regulation, well, he honored it for the next 13 years. As keen as Putin was to control the federal nationwide TV channels, he seemed absolutely uninterested in regulating the Internet, be it the content, the cables, or the e-commerce. Any attempts by overzealous Russian lawmakers, ministers or law enforcement (the infamous siloviki, or strongmen) to regulate the Net were routinely aborted by Putin’s administration. Anyone who proposed such legislation to please the Kremlin soon found out that the Kremlin was very far from pleased. Internet regulation bills sponsored by everyone from Moscow mayor Yuri Luzhkov, to government ordinance drafts by ministers, and dozens of other proposals to regulate the Net had been quickly buried and forgotten for lack of presidential support between 2000 and 2012.
As a result, the Internet developed into Russia’s only competitive industry. Companies like Yandex and VKontakte easily outperformed international competition (Google and Facebook, respectively) in Russian-speaking markets. These Russian start-ups did not copy successful American models, but rather the other way round: Almost every Yandex service (maps, payments, webmail, contextual advertising, etc.) was launched several years ahead of its Google-based analog. The VKontakte social network has many services and features that Facebook badly lacks, such as social music and video hosting and an advertising exchange, allowing any popular page or group to monetize its traffic almost automatically.
The Internet also became Russia’s only territory of unlimited free speech. Opposition figures, banned elsewhere in mass media, found easy access to their audiences by going online. Moreover, privately owned online media sources, such as Lenta.Ru, Gazeta.Ru, NewsRu.com and RBC News, used to outperform traditional mass media outlets in terms of audience and pageviews. Alexey Navalny, Russia’s most prominent independent politician and Kremlin-basher, found millions of followers all over the country, despite being banned from all nationwide TV channels and radio stations for almost half a decade.
But then, President Putin decided to shut it all down. What had happened?
We should blame the 2011-2012 Moscow protests for Putin’s unexpected and instant conversion into a paranoid Internet-hater.
He blamed the messenger for the message, in other words.
He made his change of mind public during a speech on April 24. Putin shocked the entire world with his epiphany that the Internet was initially created as a special CIA project, and is still run as such. Putin went on to claim that Yandex, Russia’s biggest and most successful Internet startup – ranked fourth in the world by number of search requests, valued at about $15 billion on NASDAQ in mid-February 2014, earning more revenues and profits in 2013 than any other media company in Russia—is also controlled by foreign intelligence seeking to harm Russia’s interests. Those remarks instantly brought Yandex shares down 5.5 percent. As of this writing, the company is now worth $9.19 billion, nearly $6 billion off its mid-February mark.
And so on. The golden days of the Russian internet would appear to be over:
Under the new laws, any social media platform that wishes to serve a Russian audience will be obliged to retain all user data for at least six months and to surrender this information to Russian security services upon request, without a court ruling or any other form of justification or explanation. Moreover, any foreign social media platform serving Russian users has to physically keep all sensible user data within the boundaries of the Russian Federation. And we’re not talking Russian user data, but rather all personal information of any user who happens to have some readers from Russia – like, say, Barack Obama, who has no less than 3,000 Russian nationals among the 40.5 million subscribers to his Facebook page. Twitter should also prepare to move all of Obama’s personal data to Russia and hand it over to the FSB, since both Putin and Medvedev are his followers on Twitter. Ditto for Google. If any of these companies don’t comply they would be subject to administrative fines, up to 500,000 roubles ($14,000), and Russian ISPs would have to block access to these platforms.
This Orwellian masterpiece of legislation was signed into law by Vladimir Putin on May 5, 2014, and it will be enforced from August 1, 2014. Will that be the last day of Russian Internet? Maybe. Unless a new law kills it even faster.
As you can see, picking out the highlights of this piece was a task that was basically beyond me. This really is one of those Read The Whole Thing things. I am in no position to second guess Anton Nossik, but given that the excellent Dominique Lazanski linked to it, I assume the story he tells to be at the very least roughly right. And if it is roughly right, doesn’t it remind you of another similar tale that unfolded in Russia just under a hundred years ago? From dire economic necessity, Lenin had presided over a similar period of economic liberty and creativity, known as the New Economic Policy. And then he shut that down.
But Lenin shut down his NEP because he never believed in it. He only let it happen in the first place because people were starving and the Soviet State wasn’t yet able to suppress the resulting popular complaints. As soon as Lenin and his new apparatus of tyranny got strong enough to do this, bye bye NEP.
But what is Putin thinking? My first guess at a guess would be that he thinks that shutting down the Russian internet is of no more consequence than had been his initial impulse to leave it alone. Letting a thousand internet flowers bloom didn’t mean anything. And nor does him zapping all the flowers with legislative weedkiller. That’s his attitude.
But what do I know? Not much, but I will soon know rather more about such stories as this one, because Dominique Lazanski will be speaking at my home this coming Friday, on the subject of “The Future and Its Digital Enemies”:
I will talk about International Internet policy issues otherwise known as Internet Governance and how individuals, groups and governments play key roles in this process. Ultimately, it is the work of governments that is the real threat, but many play interesting roles in the political chess game. However, all is not lost, innovation and the market process are helping to undermine these threats.
Whenever that word “governance” is heard, you just know that something very bad is being attempted, so it is good to know that the Governancers are not having it all their own way in these matters.
So argues David Codrea, writing at the website of Jews for the Preservation of Firearms Ownership:
President Goodluck Jonathan’s government embraces “gun control,” both as a signatory to the United Nations Arms Trade Treaty, and also as a matter of national policy.
“In Nigeria, the right to private gun ownership is not guaranteed by law,” the GunPolicy.org entry for Nigeria documents. For those not familiar with that resource, it’s a project of the Sydney School of Public Health, and while of decidedly anti-gun bent, nonetheless provides instructive and useful compilations of gun laws from around the globe.
“[C]ivilians are not allowed to possess machine-guns, military rifles and handguns … private possession of semi-automatic assault weapons [and] private possession of handguns (pistols and revolvers) is prohibited,” the site advises. Add to that licensing, background checks and registration for what they are allowed to own, a prohibition on concealed carry and stiff criminal penalties for gun law violations, and Nigeria is one of those places where the “law-abiding” are at extreme disadvantage.
Boko Haram, which doesn’t let such details slow them down a beat, finds such conditions enabling.
Not all are satisfied with the status quo.
“[T]he youth vigilante volunteer group, popularly called the Civilian JTF, has called on the Federal Government to allow its members carry arms and ammunition in order to do its work well in Borno State,” The Nigerian Voice is reporting.
“We used sticks and knives and worked closely with soldiers and fought the Boko Haram members out of Maiduguri,” a spokesman for the group related. “They are now killing civilians in the villages.”
For a sceptical view of the likely efficacy of arming civilian vigilantes to fight Boko Haram, please read Tim Newman‘s comments to my previous post about Boko Haram. He can very reasonably back up his pessimism by saying that he has lived and worked in that part of the world, as I have not. Nonetheless it had not been quite clear to me until just now that arming the people has not yet been tried. Disarming them has. It has not prevented an extremely violent insurgency.
“A candidate in the European elections was arrested on suspicion of racial harrassment after quoting a passage about Islam, written by Winston Churchill, during a campaign speech,” reports the Daily Mail. “Paul Weston, chairman of the party Liberty GB, made the address on the steps of Winchester Guildhall, in Hampshire on Saturday. A member of the public took offence at the quote, taken from Churchill’s The River War and called police.”
Here is a link to the Mail‘s story: Arrested for quoting Winston Churchill: European election candidate accused of religious and racial harassment after he repeats wartime prime minister’s words on Islam during campaign speech.
I note that the Daily Mail had the guts to quote the Churchill passage in full but not to enable comments, whereas (opposing candidate) Daniel Hannan in the Telegraph has the guts to enable comments but not to quote the passage.
Comments to my post are enabled and the passage is below:
‘How dreadful are the curses which Mohammedanism lays on its votaries,’ wrote Churchill.
‘Besides the fanatical frenzy, which is as dangerous in a man as hydrophobia in a dog, there is this fearful fatalistic apathy.
‘The effects are apparent in many countries. Improvident habits, slovenly systems of agriculture, sluggish methods of commerce, and insecurity of property exist wherever the followers of the Prophet rule or live.
‘A degraded sensualism deprives this life of its grace and refinement; the next of its dignity and sanctity.
‘The fact that in Mohammedan law every woman must belong to some man as his absolute property – either as a child, a wife, or a concubine – must delay the final extinction of slavery until the faith of Islam has ceased to be a great power among men.
‘Thousands become the brave and loyal soldiers of the faith: all know how to die but the influence of the religion paralyses the social development of those who follow it.
‘No stronger retrograde force exists in the world. Far from being moribund, Mohammedanism is a militant and proselytizing faith.’
I wish I could claim that by both quoting the passage and enabling comments I have demonstrated political courage. I haven’t. Might I too not be arrested? I won’t be. At the moment that is not the way the process works. Mr Weston has been arrested but I doubt very much that he will ever brought to trial. Trials can so easily go wrong. In fact I suspect that he will – eventually – be in receipt of an apology and compensation for wrongful imprisonment, as was the Christian street preacher John Craven after his arrest under the Public Order Act 1986.
Mr Craven got £13,000 compensation. According to the Huffington Post article about him linked to above, “The total cost for Greater Manchester Police, including both parties’ legal bills, will be over £50,000.”. It is not clear to me whether the latter sum includes the former, but we can safely say that the total cost of arresting a man in violation of his right to free speech seems to be around £50k – £65k.
That’s peanuts for a government – and yet, the whip broke skin. The point was made. All saw, this is what happens. Cheap at the price.
Christian Street Preacher John Craven Receives £13,000 For Wrongful Arrest Over ‘Anti-Gay’ Comments
A street preacher arrested for reportedly spewing hateful verses on homosexuality has been awarded £13,000 for wrongful imprisonment, after police detained him for 19 hours.
John Craven, a Christian street preacher, settled the claim with Great Manchester police, who he alleged had denied him food, water and access to medication for his rheumatoid arthritis.
The Christian Institute, which funded the legal claim against the police said Craven had been directly asked what he thought of homosexuals by two gay teenagers, but had declined to give a view, and had instead “quoted from the Bible”, telling them that God hated the sin, He loves the sinner.
The two teens had then kissed in front of him.
The preacher was arrested under section 4A of the Public Order Act 1986, which criminalises the use of insulting words with the intention of causing harassment, alarm or distress.
The police and their pals in the BBC try to spin the story as being mainly about how the police treated him in the cells. The conduct of our diversity-trained defenders of human rights towards a rheumatic old geezer with a public commitment to turning the other cheek was certainly worthy of notice. But it was also what they wanted you to notice. The police do not really mind being publicly repentant about neglecting to give a non-violent prisoner food, water or his medication for fifteen hours. No problem. Give the rozzers concerned a slap on the wrist, announce “mistakes were made” and “lessons will be learned”, and make yourselves another cup of tea.
The unacceptable behaviour on the part of the police that the force as an institution would prefer to mumble about when asked if it has learned its lesson is this:
“It appears that the actions of the police were calculated to give me and other street preachers the impression that we could not preach the gospel in public without breaking the law and if we did we would be arrested.”
“Wankers. Faarsands of them!” commented one former fan of press regulation on seeing the list: “I used to think the British press had got too intrusive and badly needed reining in. But now that I’ve been made aware of the kind of ocean-going knobs who are in favour of the Leveson Royal Charter, I’ve adjusted my position. In fact I’d like to know why the Sun isn’t hacking every single one of these smug, authoritarian, liberty-loathing tossers’ mobile phone messages right now, preferably with a view to chucking every one of them into jail for hamster abuse or whatever else it is they get up to in their celebrity basement dungeons. The sooner these menaces are off the streets the better.”
This is a quote, which he cheerfully admits to having made up, from an article by James Delingpole entitled: The Wankerati speak: Why can’t Britain’s press be more like Iran’s? His main idea is that,
The campaign for greater press regulation in Britain has suffered a devastating, possibly fatal blow with the release to the Guardian of a list of the celebrities who are lending their support to the Leveson Royal Charter proposal.
Click on that last link to see if there is anyone you like.