Promises, Promises

There was a lot of anger when Rashon Nelson and Donte Robinson were arrested for, apparently, being black in Starbucks. Some people have claimed that there were other grounds for the arrest but form what I’ve found, and I admit that I hasn’t spent much time digging deeply into this so I could be incorrect, the arrest was for being black in Starbucks. But the reason for the arrest is irrelevant. What matters is the public’s perception of the arrest. That perception has caused a not insignificant amount of heartache for both Starbucks and the City of Philadelphia, which employs the law enforcers who performed the arrest. The City of Philadelphia, not surprisingly, decided to settle the matter with a payoff. However, it got off cheap:

Two black men arrested for sitting at a Philadelphia Starbucks without ordering anything have settled with the city for a symbolic $1 each and a promise from officials to set up a $200,000 program for young entrepreneurs.

Emphasis mine.

Promises from politicians aren’t worth the paper they’re written on. Nelson and Robinson would have been better off taking the $200,000 and setting up the program themselves because I guarantee that the city is going to sweep its promise under the rug as soon as the public forgets about the entire matter. If Nelson and Robinson somehow do manage the make the city go through with its promise, the officials tasked with doling out the money will certainly find a way to disqualify everybody who isn’t politically connected. That’s how government programs work.

Overall, this was good news for Philadelphia and bad news for black people who frequent Starbucks because now neither the city nor its law enforcers have any motivation not to arrest people for being black in Starbucks.

Private Gun Registries

Gun control advocates haven’t had as much success politically as they had hoped. While a few states took measures to punish gun owners who did nothing wrong, the federal and most state governments left well enough alone. However, politics is just one way to forward your agenda. Some gun control advocates, the ones in actual positions of influence, are looking into implementing a private solution:

The financial companies have explored creating a new credit-card code for firearms dealers, similar to how they code restaurants, or department stores, according to people familiar with the matter. Another idea would require merchants to share information about specific firearm products consumers are buying, some of the people said.

Such data could allow banks to restrict purchases at certain businesses or monitor them. The talks, which are informal and might not lead to any action, have occurred against the backdrop of the national debate around guns in the wake of the Parkland, Fla., high-school shooting, which left 17 dead.

While the article notes that such a mechanism could be used to restrict gun purchases, it could also be used to establish a private registry.

A national gun registry has been at the top of the gun control advocates’ wish list. They know that confiscating firearms in the future would be far easier if gun owners were known to the State. But the politicians have so far been wary of implementing such a registry. If, on the other hand, financial institutions tracked which of their customers made firearm purchases, they would possess a de facto registry. Moreover, it would likely be a registry accessible to the federal government since it could subpoena the information.

Admittedly, this kind of registry would be easy enough to avoid by just paying cash for firearms. But such a strategy would only work if cash remained legal tender, which is something government busybodies are working to change.

Reliving the Good Old Days of Colonialism

Colonialism is dead, or is it? France seems to be trying to relive the good old days where it would plant a flag in a foreign land and claim it as its own:

A French-born American has now sued his home country because, he claims, the Ministry of Foreign Affairs has illegally seized a domain that he’s owned since 1994: France.com.

[…]

However, sometime around 2015, that very same ministry initiated a lawsuit in France in an attempt to wrest control of the France.com domain away from Frydman. Web.com locked the domain, and Frydman even roped in the Berkman Klein Center at Harvard Law School to intervene on his behalf.

By September 2017, the Paris Court of Appeals ruled that France.com was violating French trademark law. Armed with this ruling, lawyers representing the French state wrote to Web.com demanding that the domain be handed over.

I guess we can all take some solace in knowing that if this form of colonization turns out like the original, France will end up losing everything in the end.

This story is absurd on multiple levels. First, Jean-Noël Frydman has owned the domain for 23 years. I think it’s fair to say that if an entity doesn’t defend its trademark for 23 years, it should loses it. Second, it’s ridiculous for a nation that calls itself democratic to claim a trademark. The philosophy of democracy states that a government is ultimately owned by its people. That being the case, the people of France should be able to use the name, image, etc. of their country however they desire. Third, having a court French court rule on the matter is inappropriate because it can hardly be considered impartial in this case.

Ultimately, I think the biggest thing to be said about this story is that the court’s decision was really enabled by the centralized Domain Name System (DNS) on which the Internet currently depends. Courts are able to enforce their decision on matters such as this because there are centralized organizations that can be identified and coerced. If DNS records were managed by an anonymous decentralized mechanism, it would be far more difficult for decisions like this to be enforced.

It’s Not Your Phone, Pleb

The Fourth Amendment is often cited whenever a legal issue involving privacy arises. While I recognize that the “rights” listed in the Bill of Rights are actually temporary privileges that are revoked the second they become inconvenient to the government, I think that it’s worth taking a look at the language:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What’s noteworthy in regards to this post is the fact that nowhere does the Fourth Amendment state that measures have to be taken to make information easily accessible to the government once a warrant is issued. This omission is noteworthy because a lot of the political debates revolving around computer security are argued as if the Fourth Amendment contains or implies such language:

Dubbed “Clear,” Ozzie’s idea was first detailed Wednesday in an article published in Wired and described in general terms last month.

[…]

  1. Apple and other manufacturers would generate a cryptographic keypair and would install the public key on every device and keep the private key in the same type of ultra-secure storage vault it uses to safeguard code-signing keys.
  2. The public key on the phone would be used to encrypt the PIN users set to unlock their devices. This encrypted PIN would then be stored on the device.
  3. In cases where “exceptional access” is justified, law enforcement officials would first obtain a search warrant that would allow them to place a device they have physical access over into some sort of recovery mode. This mode would (a) display the encrypted PIN and (b) effectively brick the phone in a way that would permanently prevent it from being used further or from data on it being erased.
  4. Law enforcement officials would send the encrypted PIN to the manufacturer. Once the manufacturer is certain the warrant is valid, it would use the private key stored in its secure vault to decrypt the PIN and provide it to the law enforcement officials.

This proposal, like all key escrow proposals, is based on the idea that law enforcers have some inherent right to easily access your data after a warrant is issued. This idea also implies that your phone is actually the property of the various bodies of government that exist in the United States and they are therefore able to dictate in what ways you may use it.

If we are to operate under the assumption that law enforcers have a right to easily access your data once a warrant is issued, we must necessarily admit that the “rights” outlines in the Fourth Amendment doesn’t exist since the language offers no such right to law enforcers.

You Child Is the Property of the State

Orwell’s Nineteen Eighty-Four took place in London, which was part of the great police state of Oceania. It is only fitting then that the real Britain has turned into an Orwellian state.

The latest horror story to come from that island is the one of Alfie Evans. Alfie is suffering from a condition that has put him on life support. The doctors treating him have said that his situation cannot be cured and have therefore decided to pull the plug on his life support. When it was announced that Alfie’s life support would be pulled, the Vatican stepped in and offered to care for the boy. In order to make the process of transferring the child smoother, the Italian government granted him citizenship. This situation seems pretty straight forward. Britain doesn’t have to front any additional costs for treating the boy and doctors willing to try to treat the boy can do so. Win-win, right? Wrong. The doctors in Britain are not only unwilling to treat Alfie but they have decreed that Alfie must die and the courts have backed their call:

Pope Francis has been praying for the British toddler Alfie Evans — and the Italian government has granted the child Italian citizenship and lined up a transportation plan that could swiftly bring the sick little boy to a Vatican hospital.

But Alfie’s doctors say he cannot be healed and shouldn’t make the trip at all.

On Tuesday, a British judge sided with the doctors, saying that the family cannot accept the offer to take Alfie to the Vatican for treatment. An appeals court swiftly re-heard the case and upheld the previous day’s ruling, saying on Wednesday that Alfie cannot leave the country.

This is the point where Alfie’s parents would be entirely justified in taking up arms, storming the hospital, and liberating their child. I’m not the only person to express a belief that the use of force is justified in this situation, which has resulted in the local police department issuing an Orwellian statement:

We’ve issued the following statement following reports of social media posts being made in relation to Alder Hey Hospital and the ongoing situation with Alfie Evans:

Chief Inspector Chris Gibson said: “Merseyside Police has been made aware of a number of social media posts which have been made with reference to Alder Hey Hospital and the ongoing situation involving Alfie Evans.

“I would like to make people aware that these posts are being monitored and remind social media users that any offences including malicious communications and threatening behaviour will be investigated and where necessary will be acted upon.”

In other words, shut up, slaves.

The doctors have decreed that Alfie must die, the courts have backed the doctors, and now the law enforcers are backing the doctors and the courts. What this means is that the government, in no uncertain terms, has claimed ownership over the child. The “rights” of the parents have been declared irrelevant. This precedent should scare the shit out of every parent in Britain.

You Can’t Take the Sky from Me

The United States government suffers from delusions of grandeur. The latest of these delusions is the belief that it owns space:

The story behind the missing live feed is a muddy bureaucratic affair. It appears that NOAA has recently decided to start interpreting or enforcing a decades-old law in a new way. The agency says SpaceX and other commercial space companies must apply for a license to broadcast video from orbit.

“The National and Commercial Space Program Act requires a commercial remote sensing license for companies having the capacity to take an image of Earth while on orbit,” NOAA said in a statement last week. “Now that launch companies are putting video cameras on stage 2 rockets that reach an on-orbit status, all such launches will be held to the requirements of the law and its conditions.”

If you launch something into orbit with the ability to broadcast a signal, the National Oceanic and Atmospheric Administration (NOAA, perhaps the agency with the title containing the most hubris considering it states that the agency can administer nature) believes that you have to pay it for a license. Apparently it’s position as an agency of the United States government gives it command over all of space.

This decree would be irrelevant except the individuals who are launching payload into orbit are stuck on the ground where government goons can get them. Fortunately, there are tracts of land run by goons who are less deluded. Were I interested in launching rockets into space, I’d do so from one of those tracts of land. While NOAA might be able to enforce it’s delusion in the United States, it would have a harder time enforcing it in, say, India.

Reinforcing the Status Quo

Cop apologists are quick to say that the time to resist a “bad apple” isn’t when they’re violating your so-called rights or curb stomping your face, but in the courtroom after the interaction is concluded. Were the courts just, such advice may be valid. However, the courts are not just and more often than not affirm that heinous acts performed by law enforcers are legal:

The Supreme Court just ruled that a police officer could not be sued for gunning down Amy Hughes. This has vast implications for law enforcement accountability. The details of the case are as damning as the decision. Hughes was not suspected of a crime. She was simply standing still, holding a kitchen knife at her side. The officer gave no warning that he was going to shoot her if she did not comply with his commands. Moments later, the officer shot her four times.

[…]

As Sotomayor argued in dissent, the court’s decision means that such “palpably unreason­able conduct will go unpunished.” According to seven of the nine Justices, Hughes’ Fourth Amendment right to not be shot four times in this situation is less protected than the officer’s interest in escaping accountability for his brazen abuse of authority. According to Justice Sotomayor, “If this account of [the officer’s] conduct sounds unreasonable, that is because it was. And yet, the Court [] insulates that conduct from liability under the doctrine of qualified immunity.”

Worse yet, this decision wasn’t a surprise. And it certainly isn’t an aberration.

This is yet another in a long list of Supreme Court cases that affirm that officers have the privilege to shoot whomever they want for whatever reason they want. This is also why I call bullshit on the earlier mentioned argument commonly made by cop apologists.

If you wait to resist a “bad apple” until a later court case, you may be permanently disabled or even dead. To make matters worse, the court will be more likely side with the “bad apple” than you. Of course fighting with a “bad apple” carries its own risks. The “bad apple’s” buddies will likely join their comrade in beating your ass or summarily executing you. Furthermore, if you do survive, you will likely be tossed into a cage by a court. When you’re so-called rights are being violated by a law enforcer, you’re really stuck between a rock and a hard place and have to decide how to proceed based on the information at hand at the time. However, your list of options shouldn’t consist solely of rolling over and letting a man in a muumuu later affirm that what the officer did to you was perfectly legal.

Overt Internet Censorship

The Internet, especially the free speech that it has enabled, was fun while it lasted but it has become obvious that the governments of the world will no longer tolerate such a free system. Of course few governments wants to admit to attacking free speech so they are using euphemisms. For example, the United States government isn’t censoring free speech, it’s fighting sex trafficking:

WASHINGTON (Reuters) – U.S. law enforcement agencies have seized the sex marketplace website Backpage.com as part of an enforcement action by the Federal Bureau of Investigation, according to a posting on the Backpage website on Friday.

Groups and political leaders working to end forced prostitution and child exploitation celebrated the shutdown of Backpage, a massive ad marketplace that is primarily used to sell sex. But some internet and free speech advocates warned the action could lead to harsh federal limits on expression and the press.

Notice how they managed to throw the “for the children” get out of jail free card in there? Shutting down Backpage wasn’t about prostitution, it was about human trafficking, especially the trafficking of children. It’s just like how the Stop Enabling Sex Traffickers Act (SESTA) is being sold as a law against sex trafficking but it’s really about opening the door to censoring any online material that offends the political class.

Fortunately, there are new frontiers. Tor Hidden Services and I2P offer a mechanism for server operators to keep their location concealed, which makes taking them down more difficult than taking down a standard Internet service. As the precedent being set by SESTA expands, more Internet service operators will find themselves having to utilize the “dark web” to avoid being censored.

He’s Making a List, He’s Checking It Twice

Few things are as frightening as government lists. No good ever comes from a government list and if you’re one of the individuals who is listed, your future is probably a bleak one, which is why journalists may be facing rather unhappy times in the near future:

In today’s installment of “I’m Not Terrified, You Are,” Bloomberg Government reports on a FedBizOpps.gov posting by the Department of Homeland Security (DHS) with the relatively benign-sounding subject “Media Monitoring Services.”

The details of the attached Statement of Work, however, outline a plan to gather and monitor the public activities of media professionals and influencers and are enough to cause nightmares of constitutional proportions, particularly as the freedom of the press is under attack worldwide.

[…]

Meanwhile, the United States government, traditionally one of the bastions of press freedom, is about to compile a list of professional journalists and “top media influencers,” which would seem to include bloggers and podcasters, and monitor what they’re putting out to the public.

I can’t think of any reason why the Department of Homeland Fatherland Security (DHS) would want a list of all “media influencers” that aren’t horrible. Every regime in history who has created and maintained such a list has done so for the specific purpose of eliminating (either through intimidation, disappearing, or outright murder) media personnel who fail to push the approved agenda.

Since this is a DHS program, it’s being advertised as a method of tracking foreign media personnel. However, I think recent history with the National Security Agency has shown that government surveillance programs aimed at foreign entities tend to get aimed at domestic entities in short order. So while this database of media personnel may be advertised as being aimed at foreigners, if it isn’t already, it will shortly be aimed at domestic medial personnel as well.

On the one hand, this is rather unsettling. On the other hand, I do appreciate that the political class is finally being overt about its intentions.

The Power of Transmutation

It turns out that black men have the power of transmutation:

It does not matter what it was to begin with. A wallet. A pipe. A cellphone. It makes no difference. The phenomenon remains the same every time.

In the morning, it is very clearly a cellphone. Anyone who looks at it can see it.

In the afternoon, it is still very clearly a cellphone. It sends texts. It makes calls. Its screen lights up.

But in the evening, the transformation occurs. A police officer sees the cellphone, sees that the hand holding it belongs to a black man, and suddenly, quite without warning, it becomes a gun.

When a law enforcer shoots a (usually black) man who is holding something that is obviously not a weapon, cop apologists will quickly claim that one doesn’t have time to determine whether the object in an individual’s hand is a cellphone or a gun in a potentially life or death situation. The first problem with that argument is that it doesn’t hold for nongovernmental agents. Were I to shoot a man holding a cellphone, I would have a difficult time arguing that I was justified in the use of deadly force. The second problem with that argument is that it assumes the situation was life or death before the officer decided that the cellphone had transmuted into a firearm. Most situations entered by law enforcers don’t start as life or death. They might start off rather tense but they usually only escalate to a life or death situation with time. Oftentimes, the situation seems to escalate because of the law enforcer’s actions, not the individual they’re interacting with.

If this kind of situation only happened rarely, it could easily be explained as law enforcers legitimately mistaking a harmless item a hand for a weapon. But it happens with not insignificant frequency, which indicates that there may be a trend of law enforcers claiming that they believe harmless items are weapons so they can act on their desire to use violence.