The Audacity of Grope

9 February 2011

by Alex Fidel

A new law is being proposed to make sharing TSA body scanner images a crime, AOL reports.

Those found guilty of violating the Security Screening Confidential Data Privacy Act, legislation being co-sponsored by Democratic Sens. Charles Schumer of New York and Ben Nelson of Nebraska, could spend up to a year in prison and be fined up to $100,000.

The disconnect here is just jaw-dropping. They are still searching us without probable cause; treating us as guilty before proven innocent. Privacy violated is privacy violated regardless of whether it is shared or not. We need to abolish the Dept. of Homeland Security and the TSA. Anything short of that is a cocktease, or rather, the audacity of grope.

The main opposition to legalization

18 January 2011

by Alex Fidel

As I completely expected, an element of the failure of Prop 19 was due to the impact of vicious rumors and propaganda spread by growers and dealers who want to protect their monopoly.

…most of the growers from Northern California’s fertile Humboldt and Mendocino counties were against Prop. 19. … “People will want something faceless and easy,” one grower told me. “They want their fucking Big Mac. In order to make something of quality, you have to deal with a lot more labor and a lot more time. Just use machines, turn out crap, sell it cheap.”

Now the article also points out that the whole growing community amounted 65,000 ballots cast in the 2010 election, but the rumors they spread about how it will jeopardize medical marijuana patients’ legal status may have added to a lot more No votes than just the 65,000. That coupled with people who still believe the tired, old D.A.R.E. mantras lead to the death of Prop 19. A large number of conservatives and Tea Partiers supported Prop 19. Radio talk show host Roger Hedgecock, as well as one of his fill-ins, supported Prop 19. So it’s really a fault of party-line Republicans who don’t really want to open their mind to Tea Party, limited-government, and libertarian ideals and virtually people of all political ideologies who still see pot as the devil’s lettuce. Combine that with grower propaganda and you have the death of Prop 19 (though I’m no statistician, just an observer).

But whether it is a grower wanting to protect their monopoly or a family who is not willing to look outside the box on this issue, they fail to see the unintended consequence of their beliefs, which is that they are subjecting millions of otherwise law-abiding Americans to the criminal justice system. I don’t care what argument growers and social-conservatives throw at us. ‘It’ll shrink our market share,’ they will say, but they can always innovate out. If they refuse to meet the needs of their customers, then they shouldn’t be in the business in the first place. Americans don’t have a choice when a cop fines or jails them for smoking pot. They can’t innovate out of that. Non-violent behavior among consenting adults should not be subject to the will of the government or the votes of the majority, that’s why we are a republic and not a democracy, because we have certain liberties which are to be left untouched, even if the will of the majority says otherwise.

So let’s not just let Tim Lincecum smoke, or Willie Nelson, Miley Cyrus, Gary Johnson, or Michael Phelps. Let’s let America smoke.

Interesting point on Latin America

9 January 2011

by Alex Fidel

Cost/benefit analysis FTW.

Unintended consequences much?

7 January 2011

by Alex Fidel

A 68-year-old grandfather was shot and killed during a drug raid by a SWAT team, as Reason reported recently. The man had no drug charges levied against him:

Eurie Stamps was not the target of the search warrant, according to the Middlesex District Attorney’s Office, and his death at the hands of police is under investigation.

Authorities said Stamps lived at the house with a woman whose son and another man were arrested in the raid on drug charges…

The War on Drugs is an atrocity. And that’s an understatement… Let’s end it already.

Hooray! Net Neutrality Apps

5 January 2011

by Alex Fidel

Yahoo/Drudge reports that the FCC is asking app developers to create apps that help users see if their internet service provider is blocking content:

“Our goal is to foster user-developed applications that shine light on any practice that might be inconsistent with the free and open Internet,” FCC Chairman Julius Genachowski said.

The challenge also tries to boost useful research into ways to measure, preserve and track the openness of the Internet.

The FCC said apps could provide real-time data to an individual experiencing a slow Internet connection speed, test networks for Internet service providers and aggregate network data for academics and policymakers.

Now if only there was an app showing when the government blocks websites thanks to new FCC net neutrality regulations…

Net Neutrality looming

21 December 2010

by Alex Fidel

The FCC will vote on a measure to implement neutrality regulations, effectively bypassing Congress. Reason has reported extensively on this issue:

The Federal Communication Commission will vote today on a Net Neutrality system that it may not have the right to enforce. Champions of the new regs say the point is to make sure the Internet keeps functioning like it has.

Are such rules necessary? And do we want the same folks who fine wardrobe malfunctions and fleeting expletives on broadast TV defining how the most-transformative communications technology in our lifetimes calling any of these shots?

Knowing the FCC and the people in charge, this will probably pass and we will lose the last bastion of freedom left in the world today.

UPDATE: Senator Jim DeMint vows to reverse the FCC’s new regulations. Fingers crossed and knock on wood.

TSA Redux

18 December 2010

by Alex Fidel

I’m writing up in the sky again to rant about the TSA.

This time, I went through the metal detector, got my stuff, and walked off. At first, I was relieved and certainly not as pissed off as when I went through the body scanners all those times. But then I thought about the arbitrary nature of putting people randomly through either one. If we were all equally likely to be terrorists, why not search us the same? The whole arbitrary nature reeks of facism (I think I use the term aptly, unlike certain conspiracy theorist individuals whom you all know I dislike).

But anyway, here are some oxymorons: “Liberty Tax” (name of an actual income tax preparations company) and “libertarian socialist.” :P

Ron Paul FTW

9 December 2010

by Alex Fidel

Speak of the devil- mission creep

8 December 2010

by Alex Fidel

Yesterday on the radio show we were talking about how the government’s new power to shut down WikiLeaks without due process could expand to them being able to do the same to New York Times, Fox News, and yes, even Dueling Barstools. Otherwise known as mission creep- when something goes beyond its original intentions.

Well guardian.co.uk reports that Senator Lieberman is thinking about punishing New York Times for publishing cables shared by WikiLeaks:

Joe Lieberman, the chair of the Senate homeland security committee, told Fox News: “To me the New York Times has committed at least an act of, at best, bad citizenship, but whether they have committed a crime is a matter of discussion for the justice department.”

Lieberman also said that the department of justice should indict Julian Assange, the founder of WikiLeaks, under the 1917 Espionage Act and try to extradite him from the UK. Asked why this had not happened, Lieberman admitted there was probably an argument going on over how to charge Assange.

Not only is the power expanding, unlike certain people said wouldn’t happen because ‘WikiLeaks isn’t a news organization,’ but they are using the 1917 Espionage Act, a highly unconstitutional act put into place under the Woodrow Wilson administration. If you know anything about Wilson, he was a progressive and hated the Constitution. The Espionage Act locked up many Americans simply for speaking out against World War I.

Julian Assange is being treated like a terrorist, and it does not look like he will get proper due process, and Senator Lieberman can’t even think of how to charge him.

Say goodbye to the first amendment.

Full body scans DEFINITELY not about safety

6 December 2010

by Alex Fidel

AOL reports that Playboy Playmate of the September 1995 issue Donna D’Errico was recently singled out for a full body scan:

“I said I was traveling with my son, motioning to him, and the agent said he was to come along with me as well,” D’Errico said. “I immediately asked why we were having to go through an extra search, and no one else was being made to do so, indicating the long line of other passengers in front of and behind where we had been in line. In a very sarcastic tone, and still holding me by the elbow, the agent responded, ‘Because you caught my eye, and they’ — pointing to the other passengers — ‘didn’t.’”

Need I say more? Abolish the TSA already.

Julian Assange is wanted by INTERPOL

30 November 2010

by Alex Fidel

Julian Assange of WikiLeaks is now on INTERPOL’s wanted list.

Although he is Australian, I do consider Assange an American hero (although I hear that he is less than likable as a person), not a criminal. And charging him with sex crimes? Are they that desperate?

Oh, and Stossel FTW.

Call me crazy… aka my TSA experience

24 November 2010

by Alex Fidel

I am 30,000 ft in the air as I type this on Virgin America/Google Chrome-powered free WiFi (ahh free market innovation, I love it). But in order to enjoy this innovation in customer service, I had to go through a body scanner. This isn’t the first time I’ve been through one, and certainly not the first time I’ve been outraged by it. The first time I went through one I said ‘big brother, eh?’ This time is different, because I’ve had a bit more time to ponder, as well as all the recent events making me even more outraged.

As I pulled into SFO, I began to think about the argument that the TSA workers just want a job and that they’re just following orders. The Nazis followed orders, too. Now I know what you’re thinking, I’m crazy. My reasoning is that they are doing something so grotesque as to molest people, including children, against their will without standing up or quitting is akin to the Nazis ‘just following orders.’ I do not identify myself with the crazies that call our troops Nazis. Yes, there are some atrocities committed, as revealed by various WikiLeaks documents, but it is nowhere near the level of the Nazis. It is perfectly excusable for the troops to use the ‘following orders’ excuse; they aren’t committing major atrocities. Our politicians are the ones to blame in that realm.

Then as I went up to the security checkpoint, I saw a metal detector and a body scanner. I felt a sigh of relief, that they were sending people through the metal detectors. WRONG, WRONG! The TSA workers arbitrarily put people through either the metal detector or the scanner. The guy in front of me got to go through the metal detector, while I went through the scanner. Arbitration is a characteristic of totalitarian governments; rule of law is one of limited governments.

I really was about to burst into tears as I went through. I felt like a prisoner. I was treated with no respect; like cattle. As I left I had to stand in place as the other person went through, then I was cleared to leave. As I left, I tried to be all badass and chant ‘fuck tha police’ (like the N.W.A. song) but it came out really bad so I stormed off and got breakfast.

I didn’t expect to get that shook up, but this is one brick in the road to serfdom. I don’t think it’s that far-fetched to compare TSA workers to Nazis just following orders, though while still hideous, sexual molestation doesn’t come close to genocide. Nazis were definitely worse.

Fuck tha police, and by police, I mean the TSA.

*Side note: Please don’t compare me to Alex Jones for using the word ‘prisoner,’ ‘cattle,’ and referencing facist regimes. I don’t particularly like Alex Jones; I’m not talking conspiracy stuff here.
Oh and props to Virgin for having a good Frank Zappa collection in their music player.

Have a drink, protest alcohol prohibition

17 November 2010

by Alex Fidel

I recently designated December 18th as National Drink a Caffeinated Alcoholic Mixed Drink Day, to protest the FDA’s ban of caffeinated alcoholic drinks like Four Loko, ushering in a new precedent in alcohol prohibition. Just go for a vodka & Red Bull or an Irish coffee, anything with caffeine and alcohol to satirize this ban (be responsible, of course). (Click the link to RSVP to the Facebook event)

FDA reinstates alcohol prohibition

17 November 2010

by Alex Fidel

AOL reports that the FDA declared drinks like Four Loko to be illegal, and are threatening the companies that make them:

The Food and Drug Administration began cracking down on alcoholic drinks containing caffeine today, telling the companies that market them that the drinks are dangerous and illegal.

The FDA sent letters to four companies that market the beverages. The letters say the companies have 15 days to take action or the FDA could seek a court order barring them from selling the products.

It’s times like these that make George Orwell more of a prophet than an author. Hopefully this gets challenged in court on constitutional grounds; it’s one thing for a state to do it, but the FDA is a federal entity and must abide by the repeal of prohibition amendment. Only the Bill of Rights (and a few others such as the 14th) apply to both the federal government AND the states.

This is about more than just a stupid drink; this is about our freedoms and upholding the Constitution.

Four Loko four plus 1

16 November 2010

by Alex Fidel

New York is officially on the ban Four Lokos bandwagon:

Yesterday New York joined the Four Loko Four, the states (Michigan, Oklahoma, Washington, and Utah) that have banned caffeinated malt beverages. Sort of. Under pressure from Gov. David Paterson and the New York State Liquor Authority, Four Loko’s Chicago-based manufacturer, Phusion Products, has “agreed” to stop shipping the drink to New York.

Where was I when the other 3 states came along? There being more states banning Four Lokos than just Michigan is news to me (except for Utah… I can expect that).

On the surface, this seems like a petty thing to weep about, but it is another layer of asphalt on the road to serfdom. Each layer should be treated with equal importance, no matter whether it affects you or not. The element of ‘mission creep’ in laws and power grabs will eventually make something like this affect your liberties.

Every alcoholic beverage is “potentially hazardous,” and none will ever be proven “safe,” if by that Rosen means risk-free. But there’s no question that a can of Four Loko, which has less alcohol than a bottle of wine and about as much caffeine as a cup of coffee, can be consumed without serious adverse effects. If every alcoholic beverage had to pass the reckless college student test, they all would be banned.

While he might be joking about all alcoholic beverages being banned on a “potential hazard” basis, I wouldn’t put it past some politicians. There should be no exceptions for liberty, for liberty is like Jenga- you can only take away so many liberties until it completely topples over.

A straight guy’s case against ‘Don’t Ask, Don’t Tell’

10 November 2010

by Alex Fidel

The fundamental problem with most discriminatory laws is that their foundations are in group rights, otherwise known as ‘collectivism.’

Laws based on collectivism have no baseline rule of law; rights are given arbitrarily based on what group you belong to (i.e. groups based on race, color, religion, sexual preference, income, political views, etc.). This also implies that rights come from men, which is clearly not the case. Rights come from our existence as humans, and are not delegated by the will of any man. Collectivism implies that an authority exists to designate which rights you have (most of which have nothing to do with freedom). Without a baseline rule of law, the tyranny of the majority generally decides what rights certain groups of people can have. Examples include Soviet Russia (groups based on income and political views) or the Jim Crow South (groups based on race/color).

Individual rights have a baseline rule of law, such as the freedom of speech or the right to contract, which applies to all humans equally, regardless of what group you belong to. It also gives authority the purpose of protecting these rights, not designating them. It cannot take them away, because the rights exist whether there is a charter for them or not. You have rights, because you exist as a human. You can’t have more or less rights based on some group you belong to. Examples include United States (which was perfected when slavery was abolished and the 14th Amendment insured equal protection).

Don’t Ask, Don’t Tell is a law based on group rights. It tells individual humans they have different rights because they are homosexual, and anyone with a brain knows that homosexuality is not a choice. It does not meticulously judge each individual person by their merit and ability to perform various tasks necessary to their employment condition. You could have a gay Rambo and he’d be denied.

If the military were a 100% private entity, this would not be the case, because anyone can go to another firm looking for a job (would you want to work for a homophobe anyways?). But since this is the case of government, and government has a legal monopoly on force, they aren’t supposed to discriminate based on some group you may or may not belong to.

DADT restricts speech for only certain people who belong to an arbitrary group. I could openly say I’m a libertarian, and that could irk someone who doesn’t like libertarians. But free speech protects offensive speech, as long as it is not accompanied by violence. If anything, homophobes (or libertyphobes) should recieve penalties based on merit, because they’d be straying from the task at hand which is a term of their employment. Now if they were penalized for being homophobes, that’d be wrong; freedom is a two-way street, as long as there is no violence. Now if a gay member of the military was to sexually harass someone, that should be penalized in the same way if a straight guy were to harass a female member of the military (and vice-versa). Individual rights and equal protection also implies that punishment shouldn’t differ based on groups either (such as politicians getting away with tax evasion).

Haven’t we always been taught that we always don’t end up working with people we don’t like? DADT reverses that age old idea. What if there was a ‘Don’t Ask, Don’t Tell’ policy for people who whistle abnoxiously when not doing important work-related tasks (such as during lunch or in the parking lot), and talked about his hobby of whistling openly to some people? In any private sector job, it would be stupid to report that to your boss. You should ignore it and focus on your job is what he or she would say. But in the military, what you do in your private life and choose to express to people (in whatever context) could get you fired, simply because some other member can’t get over an arbitrary fact and focus on their job. I think people’s rational self-interest will take over and realize if they focus on such absurd things like the sexual orientation of their colleagues, that it will endanger them in the battlefield. I think they’d be more concerned with staying alive on the battlefield.

Besides, does being gay automatically make you a sexual abuser? That logic seems absurd. If someone does, they (once again) shouldn’t be punished for the gay part, they should be punished for the fact that they initiated force upon another individual, same as if a guy did it to a girl.

Your probably thinking ‘why should Alex care about DADT, because it won’t affect him.’ True, true. It won’t affect me, because I’m straight and will never ever join the military (not even for draft). But I care because 1) I’m not selfish and 2) I can better protect my own individual liberties by protecting others’. Here’s a few examples: when Woodrow Wilson instituted the income tax, the promise was that only the rich would pay taxes, and even then it wouldn’t be that high. At the end of his presidency everyone was paying taxes (and a lot of them, too). By putting people into groups and deciding who does or does not have property rights, you leave it up to man to make decisions. The Founding Fathers understood that men are flawed, so you need to limit their power, and protect the basic rights of the individual. This is known as mission creep.

It can also work in the way where one guy can legislate collectivism from a faith-based way. People of faith will think it’s OK because it doesn’t affect them. But their guy won’t be in power forever, and the next guy will have that power structure to implement anti-faith laws. Both sides would be wrong; the authority should stay out of faith one way or the other.

Same works for DADT. Woodrow Wilson segregated the military based on skin color. The power structure implied by DADT could easily make way for a re-segregation of the military if the wrong guy got a policy making position. And be weary of the ‘common good’ argument that is made, a lot of bad things are done in the name of the ‘common good,’ no matter how well-intended. Getting rid of DADT would limit the power of the government to make policy based on groups, which would prevent the chances of such an injustice like racial segregation from happening in the military again.

We should really think twice about how it might eventually affect us if we support policy that affects people in different groups. We should support protection of individual rights, not arbitrarily designating ‘rights’ based on groups.

I think Ron Paul puts it best when he says–paraphrasing–”individual rights are the biggest enemy to racism.” It is true. Racism is a form of collectivism/group judgement, which is the antithesis to liberty.

So let’s repeal ‘Don’t Ask, Don’t Tell,’ and stop legislating people into groups. Rather, judge people based on the content of their character. And all this coming from a straight guy who wouldn’t even join the military in a time of draft, let alone volunteer.

“You don’t have to be straight to be in the military; you just have to be able to shoot straight.”
-Barry Goldwater*

*Harvey Milk supported Barry Goldwater for president in 1964

Speak of the Devil

9 November 2010

by Alex Fidel

…oops. I guess I spoke too soon when I mentioned that the dollar may be at risk of crashing due to projected actions of the Fed. Well the actions are now reality, as this WSJ article states:

Global controversy mounted over the Federal Reserve’s decision to pump billions of dollars into the U.S. economy, … China, Russia and the euro zone added to a chorus of criticism. … The prospects of the Fed flooding the financial system with money helped drive gold above $1,400 an ounce on Monday. The precious metal, which investors often buy as protection against inflation, settled at a record $1,402.80 per troy ounce. Other assets, such as U.S. stocks and oil, drifted back slightly on Monday after getting a big boost from the Fed’s announcement last week. The dollar fell against the yen, while rising against the euro as worries about Europe’s debt problems returned.

Now the dollar hasn’t crashed. But we are getting some long overdue criticism from our main financiers, and once they pull the rug out from beneath us and give up the dollar as their reserve currency, it’s all over. And I’m no conspiracy theorist; I hate Alex Jones. I’m just an economist (probably an even better one than my clueless Keynesian zombie professor here at Sonoma State).

Also, the Fed buying Treasury bills is a criminal act. They essentially ‘add zeros’ to a bank’s ledger to ‘pay’ for the t-bills they buy off said banks. However, they get paid back in real money. Sound like a scam? It does to me. And that’s what we learned in my Marcoeconomics class today… except we learned that it is a good thing.

Audit the Fed 2.0?

7 November 2010

by Alex Fidel

According to this CNBC article, Ron Paul is about to become chairman of the House Subcommittee for Domestic Monetary Policy:

And Congressman Paul has some big plans.“I will approach that committee like no one has ever approached it because we’re living in times like no one has ever seen,” Paul said in an interview with NetNet Thursday.

Paul said his first priority will be to open up the books of the Federal Reserve to the American people.

“We need to create transparency there. To see what it is they are buying and lending, and who it is they are dealing with,” Paul said.

Paul mentioned that he hoped to use subcommittee hearings to educate the public about the causes of business cycles—which he believes are mainly attributable to monetary manipulation by central bankers.

Monetary reform is also on the agenda. Paul is a noted advocate of the gold standard.

This is great news. Hopefully this allows him to pull more weight when he drafts another Audit the Fed bill, along with his son in the Senate and people like Justin Amash, who had Dr. Paul’s endorsement in this election. Hopefully it comes soon, as this CNBC article notes that the dollar is at risk of crashing due to Federal Reserve policies.

Prohibitionists: 1, Four Loko: 0

5 November 2010

by Alex Fidel

Reason reports that Michigan recently banned Four Lokos:

Yesterday the Michigan Liquor Control Commission banned caffeinated alcoholic beverages such as Four Loko, Joose, and Smirnoff Raw Tea. The ban gives retailers a month to get rid of 55 products the commission calls “alcohol energy drinks.” The complete list is here (PDF). The State News reports that “the commission decided to ban the [products] because of multiple recent news reports about the dangers and consequences of the drinks.” Behold the power of yellow (or, in this case, maybe lime green) journalism! In addition to the over-the-top ABC piece I noted last week (which implied that healthy young men are dropping dead from heart attacks after their first can of Four Loko), the prohibitionist advocacy disguised as news reporting has included a front-page New York Times story headlined “Caffeine and Alcohol Drink Is Potent Mix for Young.” … “Michigan’s liquor regulators explain that they have the authority to arbitrarily prohibit these products because … They say products like Four Loko (which are classified as beer because their alcohol comes from fermented malt) are intolerable because “the packaging is often misleading” and “the products themselves can pose problems by directly appealing to a younger customer [and] encouraging excessive consumption, while mixing alcohol with various other chemical and herbal stimulants.” They cite no real evidence to support these conclusions, and I’m not sure we should take the word of liquor regulators who think alcohol is a stimulant.

So, Michigan has a Liquor Control Commission (sounds like something out of 1984). Now I could have sworn my dad emigrated from the Soviet Union to escape Orwellian society, but I digress. They have effectively banned all caffeinated alcohol drinks like Four Loko, Joose, etc. I recently ranted about saving Four Lokos from bans here.

Come on you guys, you know California is next. San Francisco just banned Happy Meals. What’s going to stop them from banning Happiness in a Can? Let’s stand behind Four Lokos, even if you think they are nasty.

Keep your laws off my Loko!

25 October 2010

by Alex Fidel

http://reason.com/blog/2010/10/25/have-a-drink-have-a-heart-atta

So the FDA is cracking down on manufacturers of drinks like the Four Loko. The proof is there that the ‘danger’ is overhyped; that it is not Four Lokos that are the problem, it is the people that choose to overconsume them.

Besides, laws don’t stop stupidity, and people do the same things on normal alcoholic beverages. Four Lokos are a scapegoat.

If banning is put on the table as an option by the FDA, we must voice our opinions loud and proud (and peacefully). And this is not just because I like Lokos… this is about principle, damn it!

Besides, do you want to see these guys cry?:

Also, join the cause on Facebook: 1,000,000 Strong for Four Loko

Head’s Up: Feds will continue to enforce drug laws despite Prop 19

17 October 2010

by Alex Fidel

http://online.wsj.com/article/SB10001424052748704300604575554261952309990.html?mod=WSJ_hpp_sections_news

Another bit of California nullification is about to take place. Since the Feds mostly used local law enforcement, the only problem we will have is with the DEA and federal patrol. Hopefully they won’t step up their game to where it will interfere with the new law. Otherwise we will have to begin on a long legal battle against the federal government, hoping that the Supreme Court will rule in our favor, or have to bear with it until a new administration (hopefully Gary Johnson or Ron Paul), or, dare I say, encourage ganjapreneurs to use their second amendment rights to at least stand up for themselves, even though they will probably lose.

Food for Thought

12 May 2010

Tremendous read here:

At the end of March, Harold Koh, top lawyer at the State Department, used his keynote address at the annual confab of the American Society for International Law to make an announcement: the use of Unmanned Aerial Vehicles to kill suspected terrorists is legal. The drone strikes in Pakistan and Afghanistan are lawful because, Koh delineated, they are done only in national self-defense, their proportionality is always precisely calibrated, and they carefully discriminate civilians from combatants.

There’s both more and less to it than that, but the legal argument itself is of minor importance. What matters is that Koh said it. Harold Hongju Koh: renowned human rights advocate; leading theorist of international law (which, the ASIL conventioneers would happily have told you, is much more civilized than mere national law); until last year dean of Yale Law School and therefore unofficial pope of the American legal system, and former director of the school’s Orville H. Schell Jr. Center for International Human Rights; Obama appointee accused by Glenn Beck and likeminded screamers of wanting to smuggle Sharia law into U.S. courts. All of which is to say, if a liberal lion like Harold Koh says drone strikes are lawful, what more do you need to know?

Koh’s lecture—warmly applauded by the conventioneers—demonstrates once again the amazing elasticity of international law when it comes to the prerogatives of great powers. Koh’s lecture also demonstrates the accommodating suppleness of several international lawyers who, once strong critics of George W. Bush’s anti-terror policies, now see things differently from inside the Obama administration.

* * *

There are in fact alternatives to the drone strikes, the main one being to end them. Not two years ago, John McCain was blasting Obama’s pledge to launch attacks into Pakistan as foolhardy nonsense. (Where Republican hawks once feared to tread, humanitarian angels now rush in.) Though most hawks have quickly grown to love the drone strikes, it is still not at all difficult to find prominent military intellectuals who favor the alternative of halting the policy full stop. David Kilcullen and Andrew Exum, respectively a former adviser to General Petraeus and a former Army captain who served in Iraq and Afghanistan, are both leading theorists of counterinsurgency warfare at the Center for a New American Security. They have testified before Congress that drone strikes are perceived to be wildly inaccurate—killing, they say, 700 people in attacks on 14 targets—and are undermining the “hearts and minds” offensive that is central to the campaign. They recommend scrapping drone attacks. And then there is the American Ambassador to Afghanistan Karl Eikenberry, who happens to be a retired Army general. In leaked cables to the president, Eikenberry severely questioned the wisdom of the counterinsurgency campaign and the escalation in a long telegram commonly compared to the Pentagon Papers leaked by Daniel Ellsberg. Is anyone listening to these well-informed skeptics?

Don’t wait for the international legal profession to prick up its collective ears. Leaked videos of bantering gunship crews fatally strafing civilians may trouble the mind, but drone strikes have been absolved by the great humanitarian authority Harold Koh. His keynote address got a few not-buying-it questions from a couple of academics—long may you live, Benjamin Davis and Mary Ellen O’Connell—but this dissonance was washed away by the warm roar of applause at session’s end. A Russian corporate lawyer chum of mine was taken aback by this mellow response to a legal justification for Bush-Cheney policies. “And they say we Russians are brainwashed by our media! No, I did not clap.”

As they say, read the whole thing.

Weekend Reading [Updated]

5 March 2010

Ilya Somin at Volokh commenting on a recent article by Matt Yglesias, which complained that there should be less elected positions in State government and more appointed positions because it’s impossible to be an informed voter these days. In his words:

No real people are paying attention to what these different offices are, what the incumbents are doing, how they interact, who’s doing a good job, etc. Special interests who are able to hire professionals to monitor elected officials for them, by contrast, are able to make out like bandits.

I principally disagree for two reasons. First, the Internet makes it easier than ever before in world history to be an informed voter. I don’t buy the argument that it’s impossible to be an informed voter. To the extent a voter cares to be reasonably informed he/she can certainly inform him/herself as to the candidates and broad issues. With respect to Yglesias’ point that “[n]o real people are paying attention . . .” he may be correct. It does seem that the majority of citizens don’t pay enough attention, or simply don’t care, preferring to whine about the results of their apathy rather than cure it by taking an active interest in the institutions and people that govern them. Yglesias appears to prefer, as a matter of practicality, relieving the electorate of the political burden (voting) they clearly shirk by giving fewer elected candidates more authority to appoint more bureaucrats. My second objection is that if our collective apathy towards voting results in ineffective, corrupt, and grossly inefficient government then tough shit for us. Democracy (and civil liberty) is not without consequence. We suffer for our apathy. We should willingly bear those consequences, especially when we have at our fingertips the means to improve our democracy.

Ilya Somin makes a couple of different points:

I completely agree with Yglesias that most voters know little or nothing about these offices, and that this creates an opening for interest group influence. I have made similar arguments myself. The problem is exacerbated by the reality that for most voters, it is actually rational to devote little or no time to acquiring political information. It’s also rational for them to do a poor job of analyzing the political information they do know.

At the same time, I am skeptical of the solution that Yglesias implicitly seems to advocate: making these positions nonelected offices. If the Commissioner of the General Land Office becomes a bureaucratic position appointed by the governor, that doesn’t eliminate the problem of voter ignorance. It merely shifts it to a different election. Now, the question of who the governor is likely to choose as the next Commissioner is added to the long list of issues at stake in the gubernatorial election.

Next, Know Your Rights.  If you don’t think that’s important, I invite you to sit in on a criminal procedure class at my law school sometime and witness how federal courts have emasculated the Fourth Amendment.

[UPDATED 3/5/2010 @ 10:50 pm].  More here from Reason on the current administration’s frightening defenestration of civil liberty via the obliteration of the Fourth Amendment.

Re-read that last sentence again, and it doesn’t take an Einstein to figure out that any protestations on the Obama administration’s part that they have any respect for the 4th Amendment or privacy is utter bilge. I wrote on the government’s growing snooping powers in ye Moderne Age at theAmerican Conservative back in February.

Here’s a dated, but good read re: Paul Krugman.

Time after time, Krugman leaves me wide-eyed with wonder at how much economics he has to forget to write those [NY Times] columns.

Interview with an Austrian-school, Soviet economist who defected to the United States.

Yuri N. Maltsev received his MA in history and social sciences at Moscow State University and his PhD in economics at the Institute for Labor Research in Moscow. Some of his major achievements include consulting on Central and Eastern European economic, trade and political issues, as well as appearing on national television and radio programs. He currently is a professor of economics at Carthage College in Kenosha, Wisconsin.

What convinced you of the merits of the Austrian School of Economics over other schools of thought?
The Austrian School of Economics is economics of freedom, economics for free people, economics of human action, not of government design. It is the only school which accurately predicted the fate of the socialist experiment, which cost over 150 million lives last century. Ludwig von Mises showed with precise and irrefutable logic why socialism could never work.

Related: The confluence of classic liberalism and Austrian economics.

Classical liberalism — which we shall call here simply liberalism — is based on the conception of civil society as, by and large, self-regulating when its members are free to act within very wide bounds of their individual rights. Among these the right to private property, including freedom of contract and free disposition of one’s own labor, is given a very high priority. Historically, liberalism has manifested a hostility to state action, which, it insists, should be reduced to a minimum (Raico 1992, 1994).

Austrian economics is the name given to the school, or strand, of economic theory that began with Carl Menger (Kirzner 1987; Hayek 1968), and it has often been linked — both by adherents and opponents — to the liberal doctrine. The purpose of this paper is to examine some of the connections that exist, or have been held to exist, between Austrian economics and liberalism.

Change Status Quo: KSM trial probably occurring in Gitmo. I guess that means the White House thinks terror is more akin to war than crime, Terrorists are more akin to war-actors than criminals, and military tribunals are a more appropriate forum than civil courts in which to try them. Where’d they get that idea? I wonder what Neal Katyal, current Deputy Solicitor General, thinks about it, having made his name by arguing (successfully) Hamdan v. Rumsfeld, which held that the Bush administration’s first iteration of military commissions to try detainees at Guantanamo Bay violate both the UCMJ and the four Geneva Conventions. I’m interested to hear Katyal explain what substantive changes the Obama administration has made to the Tribunals and why those changes now satisfy the arguments Kaytal ably posed against the prior version of military tribunals. More here.

Interesting read here by Timothy Garton Ash, whom I linked to in On Armenia and Genocide, about the challenges facing the EU’s monetary policies. Excerpt below is the end of Ash’s article:

Behind the monetary lurks the fiscal; behind the fiscal, the economic; behind the economic, the political; and behind the political, the historical. The deepest reality underlying this crisis is that the personal experiences and memories that have pushed European integration ahead for 65 years, since 1945, are losing their force. The personal memory of war, occupation, humiliation, European barbarism; fear of Germany, including Germany’s fear of itself; the Soviet threat, the cold war, the “return to Europe” as a guarantee of hard-won freedom; the hope of restored European greatness.

These were massive biographical motivators, which drove people like Mitterrand and Kohl even unto the euro. Can Europeans go on building Europe without such profound motivators? Are there new ones in sight?

Yesterday’s Pentagon attacker was a left-wing truther. Here’s some reasons why non-left wing, non-truthers shouldn’t try to make political hay out of it.

So, instead of playing the blame game so unapologetically employed by the Left when they feel they can spin things to their political advantage, I’m not going to say that Bedell’s actions at the Pentagon epitomize the leftist worldview. Rather, he was just crazy, as clearly indicated by his belief in the craziest of modern crazy conspiracy theories, 9/11 Truthism.

Are most Truthers leftists? Yes. But that doesn’t mean that all left-leaning Americans are thereby just as crazy as the most extreme among them; it simply indicates that when a leftist goes crazy in the post-9/11 era, he often gloms onto Truthism as his paranoia of choice.

Put it this way: Leftism fails as a coherent philosophy on its own terms. We shouldn’t try to wring significance from the delusional outburst of someone who just happened to be leftist. There are plenty of ways to logically disembowel Marxism and its numerous noxious contemporary offspring without having to resort to an unnecessary round of political “gotcha!”

Did you know that Willie Nelson smoked weed on the roof of the white house? Plus this on Nelson, from Reason’s 35 Heroes of Freedom.

One of the great crossover artists in popular music, the Texas legend pulled off a Martin Luther King Jr.-like achievement by uniting hippies and rednecks in a single audience.

The most plausible Republican fix to the fiscal mess . . . I’m still in the tank for Gary Johnson.

Finally, Reason’s Peter Suderman on the ‘jobs created or saved’ canard:

In selling the American Recovery and Reinvestment Act—otherwise known as the economic stimulus—to the American public last year, the Obama administration promised that the massive spending package would serve as a sort of Keynesian Red Bull, allowing the tired economy to keep partying hard by pumping up GDP and trapping unemployment in single digits. Or, as the administration put it in January 2009, the bill was to create or save three to four million jobs over the next two years, with over 90 percent of those jobs in the private sector.

Instead, the economy reacted like it just downed a glass of whiskey and warm milk: Private sector output fell sharply, and last fall, the unemployment rate hit 10.2 percent. * * *

That still leaves us with a question: How many jobs did the stimulus actually create? The best answer to that question is not 1 million or 2.1 million or any of the other figures that have been batted around in recent months by the administration and its defenders. It’s not even a figure at all; instead it’s another question: Who knows?

But don’t take my word for it; take the CBO’s. Unlike the administration, the CBO is a nonpartisan entity without a particular interest in strengthening its claims further than they should. All the numbers it produces are estimates, and the agency devotes plenty of ink to explaining its methodology and the uncertainties it entails. Last month’s report cautioned that “considerable uncertainty exists about many of these economic relationships that are important in the modeling,” which is why many of its estimates come in rather wide ranges. And its December report noted that “it is impossible to determine how many of the reported jobs would have existed in the absence of the stimulus package.”

In other words, don’t blame the CBO, which is merely doing its lawful duty to produce compliant estimates (a fact which it dryly makes clear in the introduction). Instead, blame the administration, the government-spending enthusiasts, the liberal pundits, and anyone else who treats these pre-cooked estimates as settled fact.

My Supreme Court Pick

2 March 2010

If I were the President of the United States I would appoint Eugene Volokh to the Supreme Court, notwithstanding my that my views towards the legal academy are, ahem, jaded (see here for my thoughts, in short I’d prefer a free market in legal education). Volokh’s blog, Volokh Conspiracy, is a daily read for me, and in my opinion provides the broadest, insightful, legal commentary available on the Internet.

By the way, if you’re into takings issues, Inversecondemnation is a must read.

On Conservatism

1 March 2010

The next time the GOP decides to articulate its core values, as it recently did in the Mount Vernon Statement, or ask Glenn Beck to be the keynote speaker at CPAC, perhaps they could be so kind as to read this gem by Mickey Andrews. The GOP sorely needs a reminder of what conservatism is, what Constitutionalism is, and why principles matter. Frankly, after reading Andrews’ piece, I realized I needed a reminder as well.

I was asked yesterday whether I would be going to CPAC, the annual Conservative Political Action Conference, which is currently being held a half-hour’s walk from my office in D.C. It was a logical question, not only since the meetings are so close at hand but also because for five years I chaired CPAC.

* * *

But the answer to yesterday’s question was “no.” No, I’m not going to CPAC. And, truth be told, most of the folks there wouldn’t want me there. They wouldn’t think I’m a conservative; many wouldn’t think Barry Goldwater was a conservative; many, had this been three decades ago, might have been seeking a “true” conservative to run against Ronald Reagan. I don’t begrudge these activists their views and they are entitled to use the term “conservative” to describe themselves if they so choose. But the views many of them profess have little in common with the distinctly American kind of conservatism that gave birth to CPAC and the modern American conservative movement. Instead, what many of today’s self-proclaimed “conservatives” proclaim is an ideology borrowed from what Donald Rumsfeld famously dismissed as “old Europe.” Winston Churchill, one of Europe’s better-known conservatives, was half-American and his incredible strength of character helped Great Britain survive World War II, but when asked to define conservatism, Churchill responded that conservatism was about reverence for king and church. But America has no king and has no national church. That distinction is crucial and one in which today’s so-called conservatives have switched sides; crossed the ocean, if you will.

What distinguished modern American conservatism was that it had its roots not in the British kings, but in John Locke and Adam Smith and other champions of individual liberties and individual empowerment. European conservatism–the kind that has now become the rage for the American Right–was top-down and centered on state power. The rise of modern American conservatism, on the other hand, had a distinctly Madisonian flair, embracing the fundamentals of American constitutional limits on central authority. European conservatism found its voice in magisterial decree, religious edict, and acts of parliaments in which members may or may not have ever visited the communities they were presumed to “represent.” American conservatism found its voice in a Constitution that placed every major power in the hands of the people, through their representatives, and ensured that those representatives would actually be residents of the communities that elected them. American conservatism embraced a Constitution that separated and constrained powers, that specified –highlighted–a few of the protected liberties of the people coupled with clear assertions that all undelegated powers–all other unsurrendered liberties–remained with the people rather than the government. A Constitution that placed unambiguous limitations, including direct prohibitions, on the attempted exercise of governmental authority.

Today there are few things that set a “conservatives’” teeth on edge more than a defense of “civil liberties;” yet that is what American conservatism was all about–protecting the liberties of the people. It was a system designed to protect the people from an over-reaching government, not to protect the government from the people.

Gem alert. Brace yourselves.

American constitutionalism was a historical high-point in recognizing individual worth.

Here, have it again. “American Constitutionalism was a historical high-point in recognizing individual worth. Let it soak right in.

Stop at CPAC today and you will find rooms full of ardent, zealous, fervent young men and women who believe the government should be allowed to torture (we condemned people at Nuremberg for doing that), who believe the government should be able to lock people up without charges and hold them indefinitely (something Henry VIII agreed was a proper exercise of government authority). Who believe the government should be able to read a citizen’s mail and listen in on a citizen’s phone calls, all without a warrant (the Constitution of course prohibits searches without a warrant, but nobody cares less about the Constitution than some of today’s ersatz conservatives).

I’m not at CPAC because I believe in America. I believe in liberty. I believe that governments should be held in check. I believe people matter. I believe in the flag not because of its shape or color but because of the principles it stands for–the principles in the Constitution, the principles repeated and underlined and highlighted and boldfaced and italicized in the Bill of Rights. The George W. whose presidency and precedents I admire was the first president, not the 43d. It is James Madison I admire, not John Yoo. Thomas Paine, not Glenn Beck. Jefferson, not Limbaugh.

Ronald Reagan would not have been welcome at today’s CPAC or a tea party rally, but he would not have wanted to be there, either. Neither do I.

Chilling [Updated]

11 February 2010

Well, this is not good.

On Friday, the first federal appeals court to consider the topic will hear oral arguments [] in a case that could establish new standards for locating wireless devices.

In that case, the Obama administration has argued that warrantless tracking is permitted because Americans enjoy no “reasonable expectation of privacy” in their–or at least their cell phones’–whereabouts. U.S. Department of Justice lawyers say that “a customer’s Fourth Amendment rights are not violated when the phone company reveals to the government its own records” that show where a mobile device placed and received calls.

“This is a critical question for privacy in the 21st century,” says Kevin Bankston, an attorney at the Electronic Frontier Foundation who will be arguing on Friday. “If the courts do side with the government, that means that everywhere we go, in the real world and online, will be an open book to the government unprotected by the Fourth Amendment.”

Those claims have alarmed the ACLU and other civil liberties groups, which have opposed the Justice Department’s request and plan to tell the U.S. Third Circuit Court of Appeals in Philadelphia that Americans’ privacy deserves more protection and judicial oversight than what the administration has proposed.

Bold emphasis mine.  Unfortunately as a matter of precedent the DOJ probably has a legal leg to stand on by analogizing a cell phone’s whereabouts to “Pen Registers,” a la Smith v. Maryland. In Smith v. Maryland, the government installed a “Pen Register,” at a telephone company’s headquarters. Pen registers create switchboard records of a particular phone line (who you called, when) but don’t record conversations.  The Supreme Court held that the warrantless installation of pen registers (and the introduction of pen register records as evidence) do not violate the Fourth Amendment. The Court reasoned that telephone users don’t have an objectively reasonable expectation of privacy because pen registers don’t intrude on the conversation itself, and the phone user voluntarily turns over the information (who he called and when) to the phone company.  As such, the government can access pen register records without a warrant.

The DOJ is probably arguing that cell phone whereabouts are analogous to pen register record. Put another way, spot the difference between warrantlessly tracking a cell phone’s whereabouts and warrantlessly accessing calling records. Like land-line telephone users, cell phone users are aware phone’s can be tracked, have the option of turning off the phone, and the government is not intruding on actual conversations. You can extend that argument quite a ways, too.

For instance, what’s the difference between tracking cell phone whereabouts and a cop following a vehicle all day long? If it’s OK for a cop to warrantlessly follow a vehicle to track its whereabouts, what would be wrong with electronically tracking the car’s whereabouts via its GPS, or its occupant’s cell phone? What would be wrong with the government creating a database / system to warrantlessly monitor every person’s whereabouts, activities, and associations 24-7 via their GPS, cell phone, or other electronic device? No one has a reasonable expectation of privacy insofar as their electronic devices are concerned, get it? How about mandating that everyone carry a trackable device? Why not expand the database to warrantlessly track: (a) who you email and when; (b) websites you visit; (c) channels you watch; and (d) movies you netflicks?

I condemn the DOJ for taking the position that the government can electronically track or monitor citizens without a warrant. Warrantless electronic tracking is Orwellian. Widespread, warrantless electronic monitoring will have a chilling effect on freedom of assembly and speech. If the government has sufficient reason to electronically track an individual’s whereabouts the government should be able to prove it has probable cause sufficent to justify a magistrate issuing a warrant.

Just imagine what will happen if the thought police find out that David Brooks regularly reads Steve Sailer’s politically incorrect blog. Off with his head!

Original link via Drudgereport.

Update:

Frankly, it’s comforting when someone with more legal and blogging credibility than me reaches the same conclusion as me. Jim Harper at the Cato Institute expounds on the ‘chilling’ point I made yesterday regarding the DOJ’s argument that warrantless electronic surveillance is A-OK with the Fourth Amendment:

If you have a mobile phone, that’s the upshot of an argument being put forward by the government in a case being argued before the Third Circuit Court of Appeals tomorrow. The case is called In the Matter of the Application of the United States of America For An Order Directing A Provider of Electronic Communication Service To Disclose Records to the Government.

Declan McCullagh reports:

In that case, the Obama administration has argued that Americans enjoy no “reasonable expectation of privacy” in their—or at least their cell phones’—whereabouts. U.S. Department of Justice lawyers say that “a customer’s Fourth Amendment rights are not violated when the phone company reveals to the government its own records” that show where a mobile device placed and received calls.

The government can maintain this position because of the retrograde “third party doctrine.” That doctrine arose from a pair of cases in the early 1970s in which the Supreme Court found no Fourth Amendment problems when the government required service providers to maintain records about their customers, and later required those service providers to hand the records over to the government.

I wrote about these cases, and the courts’ misunderstanding of privacy since 1967’s Katz decision, in an American University Law Review article titled “Reforming Fourth Amendment Privacy Doctrine“:

These holdings were never right, but they grow more wrong with each step forward in modern, connected living. Incredibly deep reservoirs of information are constantly collected by third-party service providers today. Cellular telephone networks pinpoint customers’ locations throughout the day through the movement of their phones. Internet service providers maintain copies of huge swaths of the information that crosses their networks, tied to customer identifiers. Search engines maintain logs of searches that can be correlated to specific computers and usually the individuals that use them. Payment systems record each instance of commerce, and the time and place it occurred. The totality of these records are very, very revealing of people’s lives. They are a window onto each individual’s spiritual nature, feelings, and intellect. They reflect each American’s beliefs, thoughts, emotions, and sensations. They ought to be protected, as they are the modern iteration of our “papers and effects.”

This is a case to watch, as it will help determine whether or not your digital life is an open book to government investigators.

UPDATE II:

Excellent legal discussion here on the merits of the government’s case. I liked this comment the best though.

Once again, the government is in the position of killing its parents and asking for mercy as an orphan. Once again, the government is citing as a common business practice an activity that it mandated so as to get around the Bill of Rights.

And once again, here is an activity wherein lawyers have twisted plain English to mean something special, contrary to what the man in the street thinks the words mean, and then act huffy (see many comments above) when questioned.

I have talked to many people about this case. There is not one of them that does not feel that the government is violating privacy, is fundamentally cheating, on this one. Many, though, shrug and feel that the government and the growing police state will get away with it.

What fundamental constitutional busy-bodiness requires that 911 calls always identify exactly where the caller is? I have trouble squeezing this one even into the much abused Commerce clause. Still, the nanny state mandated tracking this information. Then, with this law, the state takes a second pass, and asserts that, because this information is routinely tracked (because they mandated it), then there can be no possible concern in the police state tracking it now, and in the past, with no limits on man-power or vehicles, to them tracking it for everyone at all times.

The founders were literate, and they would have read Milton, who in Paradise Lost wrote

And with necessity,
The tyrant’s, plea, excus’d his devilish deeds.

Or as C.S. Lewis updated the formulation,

“‘Useful,’ and ‘necessity’ was always ‘the tyrant’s plea’.”

This last election cycle saw state employees abusing their authority to harass and discredit private citizens who questioned their favored candidate. Those on the left have claimed that the previous administration can and would do anything, abuse any right to have its way. Those on the right were horrified at rank intimidation of political discourse found in the current administration collecting emails of dissenters. How can those on either side honestly accept the 4th amendment suffering a death of a thousand cuts.

Only a lawyer, enamored with some ill-argued, ill-thought out precedent, could misunderstand that the blind acceptance of any and all intrusions of technology would soon eliminate the 4th amendment entirely. The complete loss of privacy *is* the complete negation of the 4th amendment.

Lawyers can often lose sight of the Constitutional forest for their trees of legal fiction.

Just Ordeals?

2 February 2010

From Rodney Balko, an interesting read:

So the success of the ordeals relied on the guilty believing that God wouldn’t intervene to save them, the innocent fully believing that God would intervene, and a surrounding community willing to accept a high clearance rate for those who allowed themselves to be tested.

As Leeson explains, when doubt entered the system, the delicate balance was thrown askew. But while they lasted—up until the Church of England withdrew its support for the notion in the 13th century—ordeals were a more efficient, likely even more accurate, way of determining guilt than expensive fact-gathering and inquisitions (which were likely subject to their own forms of manipulation).

It’s doubtful there are many lessons we can glean from ordeals today. We aren’t about to return to a society so reliant on divine intervention. But Leeson’s paper is a fascinating look into a system that, though driven by objectively false beliefs, not only produced surprisingly accurate results, but produced results that only became more accurate the more fervently the community believed.