Police Officers Aren’t Lawyers

I must confess that I made a poor decision last night. Needless to say I’m not proud of myself. Although I would like to blame a shortage of newsworthy events to write about that is hardly an excuse. Last night I broke down and visited the Star Tribune’s opinion section, which is known to have some of the lowest hanging fruit in existence.

Not surprisingly I found something stupid. This stupidity comes in the form of mistaking police for lawyers. The author, after running down and tackling a woman who broke into his home, called the police. After they took the suspect into custody the author asked what they could do to prevent future burglaries:

In stunned amazement, we asked the police what we could do to prevent future burglaries. A friendly female cop replied: “You can either get a burglar alarm or a gun …. But if you get a gun, shoot to kill, because the wounded, breathing burglar will claim, ‘I was just looking for a warm place to sleep for the night.’ And you, sir, will be charged with attempted manslaughter.”

You know what that was? Really shitty advice, that’s what. If you’ve taken a Minnesota permit to carry class (which I’m betting most of my readers have) the legalities of self-defense were likely explained to you (and if they weren’t your instructor sucked). You don’t shoot to kill, you shoot to stop. It doesn’t matter if the aggressor is dead or just incapacitated. Once the threat of immediate death or great bodily harm is no longer present you stop using deadly force. Any lawyer versed in Minnesota’s self-defense laws will tell you this. And this is why you ask lawyers for legal advice not people who have a badge that allows them to break the law without consequence.

The author goes on to point out that Byron Smith followed the officer’s advice:

Byron Smith did what the cops recommended, except that he also produced evidence against himself with the tape recordings. Was this self-incrimination?

Byron Smith isn’t in prison because he produced evidence against himself. He’s in prison because he followed the officer’s advice. In other words, Smith’s case is proof that the officer’s advice was shitty. If the author asked a lawyer he would have been informed that shooting home invaders to the point of incapacitation, dragging their bodies to another part of the house, and finishing them off is not allowed under Minnesota’s self-defense laws (nor, in my opinion, is it allowed under common decency).

So we’ve learned to valuable lesson today: don’t go to the Star Tribune’s opinion section and don’t ask a police officer for legal advice.

Why My First Response is Running, Err, Tactically Retreating

Am I a sheep, sheepdog, or wolf? The answer is none of the above. I carry a firearm and known how to defend myself so I don’t qualify as a sheep. I’m not an initiator of violence so I’m not a wolf. Nobody would qualify me as a sheepdog because when a bad situation arises my first response is to get the fuck away from that situation.

This puts me at odds with Tactical Tom. In their eyes I’m a coward who has failed to rise to the occasion and defend the sheeple of the world. But there’s a reason I prefer running away to fighting. As Tam points out, even if I somehow defy all odds and take down all of the evil terrorist gang members the situation isn’t resolved:

So, there our hero is, sitting in the mall, munching on a Chick-fil-A and reading Sheepdog Magazine Monthly when that event that he’s wargamed out in gun forum discussion boards for years finally happens! A bunch of guys yelling “Allahu akhbar!” come swarming out of the GAP, firing AK-47s from the hip and headed straight for the food court!

[…]

Using the tactics he learned at Rick Taylor‘s Advanced Tactical Combat Gunfighting Level II class, he assaults into the ambush…

…Only to be mowed down by the guys in blue who show up towards the tail end of the festivities.

I know tactical Tom is ready to engage any manner of hypothetical baddie and come out triumphantly. But he’s often spending too much time fantasizing about the hero’s treatment he plans to receive from the grateful sheeple he saved to consider that other sheepdogs were called to the scene and aren’t privy to the details of what transpired. All they know is that a bunch of people called and were in a panic because men with guns were shooting the area up. They are going in expecting to be shot at and aren’t going to spend a great deal of time on target identification. If they see somebody with a gun they’re likely going to assume that that person is a bad guy and take him down. So even if you managed to take down the entire Taliban you’re not home free.

Violent situations are usually clusterfucks and anybody who arrives after the situation is already underway won’t be able to make heads or tails of what is transpiring. That being the case it’s always best to be somewhere else. If bullets start flying around me I’m going to look for an escape. Only if one is unavailable* will I begrudgingly move to the second plan of utilizing my own capacity for violence. After all, bullets are hazardous to my health whether they’re being fired by terrorist gang bangers or guys with badges.

*Before some self-proclaimed guarding of the universe sheepdog comes in and makes a quip about my willingness to abandon somebody I love please note that availability relies on both existence and condition. If the escape exists and I can make use of it in a way that also saves my loved ones I consider it available. Otherwise I consider it unavailable.

Victim Blaming Versus Preparedness Advocacy

Political discussions, in general, annoy me. This is due to multiple factors including the rapidity in which emotions turn a perfectly civil conversation into a yelling match. But the factor that probably annoys me the most is how the definition of words and phrases are in constant flux.

A phrase that is finding more use in political discussions if victim blaming. Victim blaming occurs when an individual attempts to blame the victim of a crime. At least that’s what it used to mean. Today victim blaming can be more aptly said to occur whenever an individual mentions a combination of the victim and something the other individual doesn’t like. Case in point, self-defense.

As an advocate of self-defense I advocate individual learn defensive skills. Defensive skills is a topic that is so vast that volumes of books have been written on it. But the what seems to be the most controversial skill that I advocate is learning how to use a firearm and obtaining a carry permit (if you’re unfortunate enough to be in a state that requires such nonsense to carry a gun). Lately I’ve been running into people who have begun accusing me of victim blaming when I advocate individuals learn self-defense skills. The conversations usually follow a similar pattern to this:

Some Dude: “We have to find a way to stop rapes.”

Me: “Agreed. I think raising the cost of attempting a rape would help.”

Some Dude: “Damn right. Let’s put rapists in jail for life!”

Me: “Jail only comes into play after the crime has been committed. I think it would be better to make rape more difficult to commit.”

Some Dude: “Right. More jail.”

Me: “I think encouraging more people to learn how to use a firearm and carry one would go much further. Knowing that attempting to commit a rape would carry with it a high probability of getting shot would go a long way as a deterrent.”

Some Dude: “Typical gun nut. You expect the victim to take responsibility. You probably tell women that they were raped because the clothes they were wearing were too slutty.”

Me: “I’ve never once said that nor do I think that…”

Some Dude: “Shut the fuck up. I’m not going to waste my time talking to somebody who blames victims.”

This brings me to the point of this post. There is a big difference between victim blaming and preparedness advocacy. The former involves blaming the victim of a crime for that crime happening whereas the latter involves preparing for the potential of a bad situation occurring.

Self-defense advocacy is a form of preparedness advocacy. It assumes that there are bad individuals in the world and one should have a plan for dealing with them. When I advocate for more people carrying firearms I’m not saying that anybody who doesn’t carry a firearm is to blame if they are the victim of a violent crime. What I am saying is that one can reduce their chances of being a victim of a violent crime if they have a means of defending themselves against violent criminals.

The perpetrator of a violent crime is always the one at fault. It was entirely within that individual’s power to decide whether or not to commit that violent crime. A target of a violent crime is not at fault because it wasn’t within their power to decided whether or not that crime would be committed. What self-defense advocacy says is that individuals who are targets of violent crime stand a better chance of mitigating harm when they are able to fight back.

Victim blaming, which is a real problem, is an idea quickly being cheapened because a handful of individuals are using it as a blanket argument against anything that disagrees with their ideology.

When Something Doesn’t Look Right There’s a Very Good Chance It Isn’t Right

I periodically discuss self-defense on this site but haven’t delved must into the topic of defending others whom you don’t know. The reason I haven’t delved into this topic is because, for the most part, defending somebody you don’t know is an extremely risky proposition. Without any knowledge of the situation a stranger may find themselves in you cannot make an educated decision on whether or not your intervention would cause further grief (for you or for the stranger). But there may be times when you stumble across a situation that doesn’t seem right to you. If your gut instinct is telling you that a situation isn’t right then there’s a very good chance that it isn’t and you may want to consider intervening.

This story is a good example:

Last night when I saw a tiny girl in a miniskirt and heels, slumped over in the arms of a guy, I had to stop and at least ask what was going on. At first, the guy had a startled look in his eyes, and was definitely sweating–maybe from the strain of carrying her, or because he was so damn suspicious. His first response to me was that her friends told him to take her home from an event, but I knoooow that gals travel in packs, especially when going o-u-t for real, and few friends would ditch their distressed miss into a strange man’s arms.

I wasn’t sure if this girl just drank too much, or was potentially drugged, so I treaded lightly at first.

[…]

My instinct was to ask this dude as much info about Jane as I could until he either cracked and gave up, or his story didn’t add up and I could straight up report him for being a creep. Key questions:

  • Where are you coming from?
  • What are you doing here tonight?
  • How much did she have to drink?
  • Where are you headed?
  • Where are her friends?
  • Why aren’t you bringing her back to her own place?
  • What is her name?
  • Where does she go to school?

Most importantly, I didn’t give him the option of being alone with her. Confronting a suspicious person can be dangerous, so always exercise caution if you choose to intervene in a suspicious situation. Approach carefully, pay attention to body language and don’t be alone with this person.

Since this is nominally a gun blog most of the time discussions of defense revolve around the use of a firearm. But many defensive situations can be resolved without having to use violence. Seeing a passed out person being carried off by another lone person should raise a few red flags. Those red flags don’t authorize the use of a firearm but they certainly authorize a cursory investigation. Our species has been developing instincts in our current form for a couple hundred thousand years. Those instincts have kept us alive all of this time, which means they’re probably worth listening to.

While I won’t go so far as to claim I know what the right response is in every situation I do believe it’s a worthwhile idea to do what you can to help keep your fellow human beings safe. That can often be accomplished as easily as being physically present. Predators tend to look for isolated prey and the presence of even one additional creature is often enough to persuade them to reconsider an attack.

Private Keys Must Remain Private

Public key cryptography is great. By handing people a public key they can encrypt message that only you, the holder of the private key, can decrypt. However, there is one consideration that should be obvious. The private key must remain private. Once put publish your private key for others to see anybody can decrypt messages encrypted with your public key. Sometimes the consequences of such a breach are minor but sometimes they result in money being stolen:

On Friday, Miller learned an important lesson. It was an experience that everyone should remember before they start moving their money into the digital currency.

While on air, Miller surprised Bloomberg anchors Adam Johnson and Trish Regan each with $20 worth of Bitcoin.

But as Johnson received the paper gift, he briefly exposed the QR code (see above). This act was effectively like sharing a bank account and PIN number.

Immediately, someone lifted the QR code and stole the $20.

Bitcoin utilizes public key cryptography. Public keys allow other people to send money to other users. Private keys allow people to withdraw Bitcoin from a wallet. If somebody else nabs your Bitcoin private key they have full access to your funds. So don’t do something stupid like hand your private key to somebody else or who it on television.

Protect Yourself from the NSA

As I said, those of us who dwell on the Internet aren’t going to take the NSA and GCHQ’s attack lightly. We have more firepower than they realize and have unleashed one of our best weapons, Bruce Schneier. Mr. Schneier has been working with Mr. Greenwald for the last two weeks and has written a short list of things, based on the information provided by Mr. Snowden, you can do to keep yourself secure online:

1) Hide in the network. Implement hidden services. Use Tor to anonymize yourself. Yes, the NSA targets Tor users, but it’s work for them. The less obvious you are, the safer you are.

2) Encrypt your communications. Use TLS. Use IPsec. Again, while it’s true that the NSA targets encrypted connections – and it may have explicit exploits against these protocols – you’re much better protected than if you communicate in the clear.

3) Assume that while your computer can be compromised, it would take work and risk on the part of the NSA – so it probably isn’t. If you have something really important, use an air gap. Since I started working with the Snowden documents, I bought a new computer that has never been connected to the internet. If I want to transfer a file, I encrypt the file on the secure computer and walk it over to my internet computer, using a USB stick. To decrypt something, I reverse the process. This might not be bulletproof, but it’s pretty good.

4) Be suspicious of commercial encryption software, especially from large vendors. My guess is that most encryption products from large US companies have NSA-friendly back doors, and many foreign ones probably do as well. It’s prudent to assume that foreign products also have foreign-installed backdoors. Closed-source software is easier for the NSA to backdoor than open-source software. Systems relying on master secrets are vulnerable to the NSA, through either legal or more clandestine means.

5) Try to use public-domain encryption that has to be compatible with other implementations. For example, it’s harder for the NSA to backdoor TLS than BitLocker, because any vendor’s TLS has to be compatible with every other vendor’s TLS, while BitLocker only has to be compatible with itself, giving the NSA a lot more freedom to make changes. And because BitLocker is proprietary, it’s far less likely those changes will be discovered. Prefer symmetric cryptography over public-key cryptography. Prefer conventional discrete-log-based systems over elliptic-curve systems; the latter have constants that the NSA influences when they can.

Mr. Schneier does rightly point out that many Internet users aren’t currently capable of doing all of these things. To those of you who don’t know how to use the above mentioned tools, learn. Information on all of the tools Mr. Scheneier mentioned is freely available online. If you’re still having trouble I’m more than happy to help. Shoot me an e-mail at blog [at] christopherburg [dot] com and I’ll give you as much assistance as I can. Together we can push back against the state’s surveillance apparatus and return the Internet to its original form, a network where those wanting to remain anonymous can do so.

Why I Don’t Advocate Carry Permit Holders Volunteer the Information that They’re Carrying to Police Officers

A common hypothetical scenario kicked around by carry permit holders is what to do if you’re pulled over by a police officer. Many permit holders and trainers say that you should placed your hands on your steering wheel and inform the police officer that you’re a permit holder and are currently armed. I’m a member of the other camp, which says to never volunteer such information to a police officer. In Minnesota you’re required to tell a police officer if you’re carrying a firearm if asked but you’re not required to volunteer such information. Stories like this are why I don’t advocate volunteering such information:

This is very disturbing. Received this message from a resident just now. This happened at 1:15 today. If you have any doubts about anyone in a uniform who comes to your house claiming to be LEO, utility/service company, etc., don’t hesitate to call 911 or the company to verify the person’s ID and that they are legit.
***
“22nd and California St. I had a deputy come to my home and said he had a summons. It was fake and so was he. He kept looking in my house asking questions about what was inside. Called the 2nd, Hennepin co and Mpls police- no deputies were in the area today or dispatched. He did not ask who i was or state who he was. Be careful he looked real. Neighbor said she saw a sheriff’s car in front of her house and it moved down to a couple of other homes. It was not real but looked Very real she said.”

Is the customer-clad man who pulled you over a police officer or is he a member of a competing gang? The customer itself, although adorned with a shiny badge, doesn’t guarantee that a man with a gun is in the employ of the state. While any encounter with a police officer carries the risk of violence the risk is even higher if the person who looks like a cop turns out to be a member of one of the police department’s competing gangs. If you tell the man in blue (or brown, in the case of the Minnesota State Patrol) that you’re carrying a gun you may have just revealed your ace in the hole to a person who intends to assault or murder you and steal your belongings.

I advise permit holders to play their cards as close to their chest as possible. There’s no way to know whether or not a person is a real cop or an impersonator, unless you know him or her personally (and then you never know whether or not the person is living a double life). As always, I urge you to follow the path you believe is most appropriate but do know that there are potential consequences to revealing your hand unnecessarily.

On Zimmerman and Society as a Whole

The polarization that has developed in the wake of Zimmerman’s encounter with Martin is even more fervorous than it was when MSNBC and CNN doctored the 911 recording to create a narrative or racism. One side sees Zimmerman as a child murdering racist who went out of his way to kill a black child. The other side sees Zimmerman as a pillar that upholds civilization by patrolling his community and defending it against all manner of shady characters. One side views Martin has an innocent child who never harmed a fly, always did his homework, and showed constant respect to his elders. The other side views Martin has a thug who stalked the streets at night looking for victims to rob and homes to burgle. Needless to say, both sides have ignored the flaws of their chosen hero and the virtues of their chosen demon.

I firmly believe Zimmerman’s heart is in the right place. His history of helping people in need, specifically a homeless man who was beaten and left unassisted by police, and his recent act of helping individuals involved in a car accident shows that he has a desire to help people.

I also believe that Martin wasn’t planning to do wrong that night. There have been several uncited accusations made that Martin was planning to make Purple Drank with the iced tea and Skittles he had purchased. In my book making and using a drug isn’t a crime and is therefore irrelevant to the case at hand. Many people have also claimed that Martin was casing houses to burgle, which is just as speculative as the accusations of his intent to make Purple Drank.

In other words that night involved a well-meaning man encountering a man making his way home. The well-meaning man, seeing an unidentified individual cutting through yards in a downpour, believed he was witnessing something suspicious. As the captain of his neighborhood watch he did what he was told to do, he reported the incident to the police. As a person interested in the welfare of his fellow community members he decided to exit his vehicle and investigate the individual that he found suspicious. The man making his way home, seeing an unidentified individual pursuing him, first in a vehicle and then on foot, became fearful. He may have attempted to flee, which would have cause the well-meaning man to become more suspicious and therefore convince him to pursue his investigation more vigorously. The other man, seeing the unidentified individual continuing his pursuit, may have become irrational as fear began to set in. Events from there could easily escalate to the point of physical confrontation.

Don’t get me wrong, I’m not trying to place blame on either Zimmerman or Martin, nor am I trying to excuse either of them. My point is that the situation likely looked different to both individuals and that difference in viewpoint likely lead to their physical confrontation.

Many people in the Martin camp have asked what would have happened had Zimmerman been unarmed or what would have happened if Zimmerman stayed in his vehicle. That night’s outcome may not have been any different. Zimmerman, doing his expected duty as a member of the neighborhood watch, called 911. As the people in the Martin camp continuously point out, the police disproportionately target black individuals, not just for arrest but also for brutality. What if Zimmerman hadn’t pursued Martin? What if the police were allowed to investigate the entire situation? Can anybody in the Martin camp honestly say that the possibility of the police encountering and killing him was nonexistent? Can they say that the police wouldn’t have gone to his home, kicked in his door, shot any pets or family members in the dwelling, and kidnapped or murdered him? The night may not have played out any differently for Martin had Zimmerman stayed in his vehicle because he already involved the police and involving the police has a tendency of making a bad situation worse.

The crux of this article is that violence is the default tool used in our society to deal with suspicion and wrongdoing. Whenever we see somebody suspicious we’re told the call the police. Police officers, at least here in the United States, are like carpenters that only have hammers; they see every problem as a nail. They are given the privilege of enacting violence on others so long as they can justify their act in some way. Killing a dog for no apparent reason can easily be justified by two words that have become a carte blanche for police officers: officer safety. Transgressions are responded to by police officers through fear, intimidation, kidnapping, and physical force. Violence isn’t the last resort for most police officers, it’s the first resort. Involving the police will almost certainly bring violence into an equation.

In fact, it’s very difficult in our society to lawfully keep an eye on your community without bringing some manner of violence into the equation. The state has declared a monopoly on law enforcement. What private law enforcement options exist either do so with the state’s blessing or are declared illegal operations by the state. If my neighbors and me form a community watch and decide to investigate issues without involving the police we would be seen a reckless vigilantes and would open ourselves up to a great deal of liability.

Much of our childhood is spent being programmed to see violence as the default solution to every problem. How many people reading this article remember the numerous times they were told that the police were their friends and that you could trust the police? That was complete bullshit. The job of a police officer is to use anything you tell them against you:

But we’re programmed from a young age to see the police as the solution to everything we find even remotely suspicious. In essence, we’re programming to see violence by proxy as the only viable solution.

Zimmerman, who is a product of this society as much as anybody else in it, is a well-meaning individual. Just like the rest of us, he was programmed at a young age to see violence as the default solution to suspicious events. When he saw Martin he first called the state’s great violence proxy. Martin, seeing that somebody was pursing him, decided to forgo the proxy and used violence himself.

Perhaps the lesson to be learned from this event is that our children shouldn’t be programmed to see violence as the default solution for everything. Alternatives to the violence of police forces have been used in many societies throughout history. Medieval Iceland, for example, put a great deal of emphasis on arbitration. Until statism began rearing its ugly head on the island, violence was mostly ritualized and Iceland never knew the sheer violence of all out warfare that its European neighbors knew. Medieval Ireland, likewise, used arbitration as the default solution for problems [PDF]. Again, violence was rare as alternatives such as social ostracization and outlawry were used to successfully deal with most severe cases.

Another lesson that could be taken away from this event is that monopolizing violence greatly reduces its cost. Were the state’s monopoly on violence abolished individuals would be made more responsible for their security. More people would likely be armed and that would increase the risk to anybody wanting to commit a violent act. Would-be burglars would probably consider less risky ventures than breaking into a home if the risk of encountering an armed dweller was above 50%. Neighborhoods such as the one Zimmernman lives in may not have suffered the string of burglaries that lead to the community’s decision to form a neighborhood watch if the cost of violence was high enough to dissuade those burglars. In essence, increasing the cost of violence could actually reduce the amount of violence in a society because, as Robert Heinlein wrote in Beyond This Horizon, “An armed society is a polite society. Manners are good when one may have to back up his acts with his life.”

We can bicker over issues of racism and community vigilance, and I believe that is what the state wants us to do, or we could ask ourselves if there were societal reasons that caused that event to take place and if there are changes that could prevent such events from happening in the future. I believe there are and I believe those changes involve decentralizing power, which involves abolishing the state.

Security is Hard

In the hopes of staving off would-be state assassins, Edward Snowden announced that he has distributed encrypted copies of data that he obtained while working at the National Security Agency (NSA):

Taking another page out of the WikiLeaks playbook, Edward Snowden has apparently distributed an encrypted copy of at least “thousands” of documents that he pilfered from the National Security Agency to “several people,” according to Glenn Greenwald, the Guardian reporter who first published Snowden’s leaks.

In an interview with the Daily Beast on 25 June, Greenwald said that Snowden “has taken extreme precautions to make sure many different people around the world have these archives to insure the stories will inevitably be published.”

Greenwald added: “If anything happens at all to Edward Snowden, he told me he has arranged for them to get access to the full archives.” The Brazil-based journalist said that he himself has thousands of documents that Snowden leaked from the NSA, which may or may not constitute the totality of what he exfiltrated.

On the surface it looks like a clever method to keep himself alive but, as Bruce Schneier pointed out, he may not have thought his clever plan all the way through:

I’m not sure he’s thought this through, though. I would be more worried that someone would kill me in order to get the documents released than I would be that someone would kill me to prevent the documents from being released. Any real-world situation involves multiple adversaries, and it’s important to keep all of them in mind when designing a security system.

Security is hard. People tend to focus on very specific individual threats and design security systems around those threats without taking into consideration other potential threats. Snowden focused so heavily on the threat of a United States assassin taking him out that he forgot to consider the fact that there are many people in the world who really want that NSA data leaked.

Thoughts on the Zimmerman Trial

By now everybody has heard that Zimmerman was found innocent of murder and manslaughter by his jury. I have little to say about the trial or the ruling that hasn’t already been said by much more qualified individuals than myself. With that said, I do have something to say about the reaction many have had to the verdict.

After the verdict was released social media sites exploded with threats against Zimmerman’s life and riots. I think, by far, these reactions are the worst thing to come out of the Zimmerman trial. Regardless of your opinion about this case you should be able to accept the jury’s ruling without resorting to violence or the threat thereof.

Even if you believe Zimmerman is guilty of murder or manslaughter, killing him or destroying some poor schmuck’s storefront isn’t going to change anything. Nature is cruel, it often necessitates situations that cannot be corrected. Taking Zimmerman’s life won’t bring back Martin’s.

Violence is cyclical. Zimmerman killed Martin, whether you believe his actions were self-defense or murder are irrelevant to the fact that one man is alive and another is dead. If you kill Zimmerman then all that has been accomplished is adding another corpse to the pile. In turn Zimmerman’s family will likely seek vengeance for the death of their kin. On and on the cycle goes until there are no people left.

The only way the cycle ends is when somebody decides there has been enough bloodshed and refuses to further add to the problem. Let’s rise above barbarism; nothing will be accomplished through more death or riots.