We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.
Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]
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Ministers are preparing legislation for the next session of parliament to make local authorities create files on every child in England, including intimate personal information about parents’ relationships with other partners and any criminal record, alcohol or drug abuse in the extended family. The files will be available to teachers, social workers, NHS staff and other professionals dealing with children to help them piece together symptoms of neglect or abuse that might require intervention by the authorities.
The green paper produced as a response to the murder of Victoria Climbié, an eight-year-old who died in London in 2000 after months of torture and neglect, said the need to protect children had to be balanced against preserving the privacy of parents. But Charles Clarke, the education secretary, said yesterday that the interests of children “absolutely” took precedence over the civil liberties of adults.
Mark Littlewood, the campaigns director of Liberty, said Mr Clarke’s remarks were even more disturbing than the green paper.
We have to make sure social workers are sharper, smarter and better focused. That’s done by better training, not by casting the net so wide that every child in the country will be in it. That creates the danger that investigations will be triggered by supposition, guesswork, gossip and rumour. Our concern is that there will be witchhunts rather than protection of the relatively small number of children in real danger.
The Adam Smith Institute Weblog seems to have hit the ground running, and Jonny Fraser’s piece about harassment in the USA by cops and bureaucrats and stupid laws is provoking a fine old comment fest. Quote:
On entering the country, with no matter what passport, you are treated like a criminal or socio-economic migrant. Several forms need to be filled in, many of their requirements duplicated, unnecessary and arbitrary. This practice does not stop at international boundaries. There are occasional police checks on interstate roads, and even occasionally at state borders. Post 9/11 fear is all encompassing.
Rights are being eroded and regulations piled on like cheese and freedom fries at a burger joint. It seems that obesity and laughable laws have a bizarre relationship. In America, you can die for your country at 18, but you cannot buy a beer until you are 21. In America you can kill on the roads with reckless driving at 15 in some states, but experienced drivers usually have to stay below 55 miles per hour or risk a ludicrously overpriced speeding ticket.
California is the worst state for this sort of thing. Their claim to liberalism extends as far as a blanket ban on smoking in public places, …
I particularly liked Kevin Carson’s comment, responding to American critics of American critics. Final paragraph:
Well guess what? I DO have a bad attitude. It’s because of people with “bad attitudes” that we’re not still working on chain gangs to build a pyramid, or eating our lunches standing up during a sixteen hour shift on an assembly line. For every liberty that sets us above the level of a slave, you can thank somebody with a bad attitude. Rights are not granted by government; they are forced on it from below.
It is good that the ASI blog is not confining itself to municipal bus privatisation and such like. Not that there’s anything wrong with that.
According PR Newswire press release Tim Lord, chief executive of the Tobacco Manufacturers’ Association, responded today to the news that EU Health Commissioner David Byrne proposes to use EU Health and Safety Law to impose a blanket ban on public smoking all across Europe.
Everyone, smokers and non-smokers, employees and the rest of us, should have access to clean air. We all agree with that – the issue is how do you deliver it? Commissioner Byrne wants a draconian solution – to ban smoking wherever people may work – and do so via a Brussels directive to all of Europe. The Commissioner should leave health issues to individual countries as envisaged under EU protocol and let them handle their own affairs. He should also note the impact of blanket smoking bans in other countries.
Each year a group called Project Censored releases a list it calls “The Top 25 Censored Media Stories”. The title is a misnomer, however; the articles weren’t censored at all, but “underreported” – meaning that, in the eyes of the judges, the article didn’t receive sufficient attention. All of the articles on this year’s list were widely reported, many in the mainstream media. The #1 item on the list, for example, was published in the Sunday Times, Harper’s Magazine, Mother Jones and Atlantic Journal Constitution, and reportedly “drew more traffic to [the Mother Jones] web site than any other article.”
As a reminder that actual media censorship is still a significant problem around the world, I’d like to propose an alternative list:
The Top 25 Acts of Media Censorship, 2002-2003
#1 – The Cuban government jails 75 pro-democracy activists, including 30 journalists, for writing articles that appeared in the foreign press. They receive sentences between 14 and 27 years for “undermining the state’s independence.”
#2 – Nigeria’s Zamfara State issues a fatwa calling for the death of fashion writer Isioma Daniel, after she published an article suggesting the Prophet Muhammed would have approved of the Miss World pageant. The local office of the newspaper This Day, which initially published the article, was subsequently destroyed in riots that left more than 200 dead.
#3 – The Tongan government declares the Times of Tonga newspaper, which is published in New Zealand, to be a prohibited import, for campaigning against the government. Officials claim that allowing the newspaper to be imported would be a human rights violation. King Taufa’ahau Tupou IV later bans possession of the newspaper, and finally even prohibits discussion of the ban.
#4 – The Australian High Court rules that Barron’s magazine may be sued in Victoria over an article published in New Jersey. Other Commonwealth nations subsequently consider adopting the decision.
#5 – The Chinese government orders journalists to undergo Communist Party propaganda tests in order to obtain licenses. Unlicensed journalists are not tolerated – for example the 10 photographers beaten by police while attempting to cover an education bureau meeting. → Continue reading: The real “Project Censored”
This Associated Press article discusses how the US Department of Justice has been using its increased powers granted under the Patriot Act just after September 11. Suffice to say that the DOJ and state prosecutors managed to get many items that had nothing to do with terrorism but which had been on its wish list for years into the bill, and it is now being used to tap phones, seize assets, and intrude on people’s liberties in ways that weren’t possible before.
Civil liberties and legal defense groups are bothered by the string of cases, and say the government soon will be routinely using harsh anti-terrorism laws against run-of-the-mill lawbreakers.
“Within six months of passing the Patriot Act, the Justice Department was conducting seminars on how to stretch the new wiretapping provisions to extend them beyond terror cases,” said Dan Dodson, a spokesman for the National Association of Criminal Defense Attorneys. “They say they want the Patriot Act to fight terrorism, then, within six months, they are teaching their people how to use it on ordinary citizens.”
This from the New York Times speaks for itself:
WASHINGTON, Sept. 13 – For months, President Bush’s advisers have assured a skittish public that law-abiding Americans have no reason to fear the long reach of the antiterrorism law known as the Patriot Act because its most intrusive measures would require a judge’s sign-off.
But in a plan announced this week to expand counterterrorism powers, President Bush adopted a very different tack. In a three-point presidential plan that critics are already dubbing Patriot Act II, Mr. Bush is seeking broad new authority to allow federal agents – without the approval of a judge or even a federal prosecutor – to demand private records and compel testimony.
This may not be quite so central to the White Rose agenda. I don’t know. Are more severe punishments part of our beat?
Mr. Bush also wants to expand the use of the death penalty in crimes like terrorist financing, and he wants to make it tougher for defendants in such cases to be freed on bail before trial. These proposals are also sure to prompt sharp debate, even among Republicans.
But this is definitely for us:
Opponents say that the proposal to allow federal agents to issue subpoenas without the approval of a judge or grand jury will significantly expand the law enforcement powers granted by Congress after the attacks of Sept. 11, 2001. And they say it will also allow the Justice Department – after months of growing friction with some judges – to limit the role of the judiciary still further in terrorism cases.
Indeed, Senator Arlen Specter, Republican of Pennsylvania, who is sponsoring the measure to broaden the death penalty, said in an interview that he was troubled by the other elements of Mr. Bush’s plan. He said he wanted to hold hearings on the president’s call for strengthening the Justice Department’s subpoena power “because I’m concerned that it may be too sweeping.” The no-bail proposal concerns him too, the senator said, because “the Justice Department has gone too far. You have to have a reason to detain.”
There’s a lot more. My thanks to David Sucher for the email that made sure we noticed this, and which definitely got us noticing it quicker than otherwise.
It’s like a cancer that we can battle against but never truly defeat. As it creeps purposefully through our national lymph system some of us can summon up the courage to fight it back and, for a while, it can appear as if we are in remission. But then comes the hoping and the praying for the final ‘all clear’ that signals a rebirth and a new lease of disease-free life.
It never comes. The cells are corrupted again and the cancer returns to devour us:
Sweeping powers for Government agencies to carry out covert surveillance, run agents and gather the telephone data of private citizens were contained in legislation published yesterday.
State bodies ranging from the police, intelligence services and Whitehall departments to local councils, the Postal Services Commission and the chief inspector of schools will be able to authorise undercover operations.
The measures were activated by David Blunkett, the Home Secretary, under the controversial Regulation of Investigatory Powers Act, which became law three years ago. They need to be approved again by both Houses of Parliament before they can be used.
These horrors first made their appearance about a year ago and set off a call-to-arms that, in turn, caused the Home Office to drop the proposals. Or, at least, they made an appearance of dropping them because, like that lurking cancer, they never really went away. They were merely stacked neatly in the pending trays until an another opportune moment presented itself. Seems that the moment is now.
Shami Chakrabarti, director of Liberty, said the British people were “the most spied upon in the Western world”.
I reckon that’s a pretty fair prognosis. But why? Why are our political elites so determined to construct this panopticon? Why are they so single-minded about this project that they appear immune to sweet reason, protest or appeals to decency? What exactly is driving them? Are they so riddled with paranoia and insecurity that they see monsters and assassins lurking behind every curtain? Is that how they see us? I cannot think of any other reason why a democratically elected government would come to think of themselves as colonial occupiers of their own country.
What has led to this calamitous collapse of trust? Is it repairable? I rather fear that it is not.
Questions, questions. Answers may come in due course but I suspect none will be satisfactory or stop the cancer from spreading. Time for palliative surgery?
[This has been cross-posted from Samizdata.]
White Rose readers might be interested in a few pages I’ve just put up on my web site:
UK Civil Liberties – New Labour’s Record
Typing it up depressed me even more than I expected.
I’ve tried to double-check everything, if you find any errors of fact please email me and let me know.
There is a good interview with Bruce Schneier in Businessweek, discussing whether tradeoffs of civil liberties for increased security are effective (generally no) and the problems of overreliance on technology rather than common sense. I have written here about Schneier before. Suffice to say he is a very smart guy – a leading expert on electronic security – and it is worth paying attention to what he says.
Good news, although good news about bad news, from Hong Kong:
Hong Kong’s chief executive, Tung Chee-hwa, did something yesterday that Chinese Communist leaders never do on the mainland. He deferred to the clearly expressed majority will in Hong Kong and withdrew legislation for a repressive new security law he was trying to impose.
That’s paragraph one of the New York Times report. This final paragraph reads very European doesn’t it? …
Mr. Tung says he still thinks that new security legislation is needed but is now prepared to wait until there is clearer public support. His plan may be to defuse the issue until after the legislative elections and then try again. Hong Kong’s people will not be deceived so easily.
…except that Europeans are probably a bit easier to deceive.
Shami Chakrabarti, the new director of Liberty, is planning a monitoring operation on Britain’s giant retailers. Chakrabarti, formerly a high-flying legal advisor to two home secretaries, takes up her new post today.
Liberty is to set up a unit to monitor the experiments being carried out by various retailers with radio frequency identification technology. M&S and Tesco are pioneering the use of tiny microchips, the size of a grain of sand, which are inserted into the packaging of goods or sown into the labels of clothes.
Chakrabarti believes Britain, already the world leader in the use of CCTV cameras, is set to become the ‘surveillance capital of Europe.’
As from today Liberty will be monitoring the supermarkets and big chain stores. If we think a legal challenge can be mounted to stop their experimentation then we will make it. We will certainly be in touch with the company executives and we will do all in our power to let customers know what is happening. It is up to consumers to decide whether or not they want to boycott a particular store or chain but the companies must be made aware that this is the risk.
There was a White Rose relevant piece by Alasdair Palmer about the DC Stevens case in yesterday’s Sunday Telegraph.
The more repulsive the crime, the greater the temptation to weaken the burden on the prosecution to prove its case beyond reasonable doubt. Child abuse – and child pornography cannot be produced without child abuse – is a very repulsive crime. Yet the result of giving in to the temptation to lower the standard of evidence required to convict someone suspected of child abuse is inevitably that innocent people are convicted.
That’s good, but I recommend all of it.
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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