Demanding The Benefits Of The Monopolized Legal System But Not Accepting The Detriment

Black Lives Matter is planning another protest at the Mall of America. After losing court battles over last year’s demonstration due to incompetency the Mall of America is obtaining a restraining order against the organization this year:

The protesters want to demonstrate at the country’s biggest mall to draw attention to the Nov. 15 police killing of a black Minneapolis man, Jamar Clark, and to ramp up the pressure on investigators to release video of the shooting. Authorities say they won’t release it while state and federal investigations are ongoing.

The mall wants to avoid the type of disruption caused by a Christmas-time demonstration last year, when thousands of protesters angry over the absence of charges involving police killings of unarmed black men in Ferguson, Missouri, and New York City forced the temporary closure of mall stores. Dozens of people were arrested.

This case is particularly amusing to me because the Mall of America is relying on the very monopolized legal system is willfully ignores. In this case the it’s trying to get the monopolized legal system to issue a restraining order because it doesn’t want protesters on its property (although I might argue that the special privileges it receives from the State invalidate any claims it might have to being private property). But the Mall of America willfully ignores the law prohibiting land lords from banning the carrying of firearms:

Both Cornish and Strawser said Minnesota law prohibits a landlord, such as the Mall of America, from restricting the “lawful carry or possession of firearms by tenants or their guests.” Strawser added, “carrying at the Mall of America does not violate the law, only the mall’s wishes.”

There are few things I dislike more than hypocrites. If you support the State’s monopolized legal system then you should abide by it entirely. On the other hand, if you don’t support the State’s monopolized legal system then you should avoid utilizing as much as possible. You shouldn’t expect to have your cake and eat it too.

Political Victories Are Only Temporary Victories

I hate redoing work. This is part of the reason I don’t pursue politics. Any political victory is only a temporary victory. At some future point the victory you achieved will be undone. The Cybersecurity Information Sharing Act (CISA) is just the latest example of this. If you go through the history of the bill you will see it was introduced and shutdown several times:

The Cybersecurity Information Sharing Act was introduced on July 10, 2014 during the 113th Congress, and was able to pass the Senate Intelligence Committee by a vote of 12-3. The bill did not reach a full senate vote before the end of the congressional session.

The bill was reintroduced for the 114th Congress on March 12, 2015, and the bill passed the Senate Intelligence Committee by a vote of 14-1. Senate Majority Leader Mitch McConnell, (R-Ky) attempted to attach the bill as an amendment to the annual National Defense Authorization Act, but was blocked 56-40, not reaching the necessary 60 votes to include the amendment. Mitch McConnell hoped to bring the bill to senate-wide vote during the week of August 3–7, but was unable to take up the bill before the summer recess. The Senate tentatively agreed to limit debate to 21 particular amendments and a manager’s amendment, but did not set time limits on debate. In October 2015, the US Senate took the bill back up following legislation concerning sanctuary cities.

If at first you don’t succeed, try, try again. This time the politicians attached CISA to the budget, which as we all know is a must pass bill:

Congress on Friday adopted a $1.15 trillion spending package that included a controversial cybersecurity measure that only passed because it was slipped into the US government’s budget legislation.

House Speaker Paul Ryan, a Republican of Wisconsin, inserted the Cybersecurity Information Sharing Act (CISA) into the Omnibus Appropriations Bill—which includes some $620 billion in tax breaks for business and low-income wage earners. Ryan’s move was a bid to prevent lawmakers from putting a procedural hold on the CISA bill and block it from a vote. Because CISA was tucked into the government’s overall spending package on Wednesday, it had to pass or the government likely would have had to cease operating next week.

Sen. Ron Wyden, a Democrat of Oregon, said the CISA measure, which backers say is designed to help prevent cyber threats, got even worse after it was slipped into the 2,000-page budget deal (PDF, page 1,728). He voted against the spending plan.

All those hours invested in the political process to fight CISA were instantly rendered meaningless with the passage of this bill. However, the bill can be rendered toothless. CISA removes any potential liability from private companies that share customer data with federal agencies. So long as private companies don’t have actionable information to share the provisions outlined in CISA are inconsequential. As with most privacy related issues, effective cryptography is the biggest key. Tools like Off-the-Record (OTR) messaging, OTR’s successor Multi-End Message and Object Encryption (OMEMO), Pretty Good Privacy (PGP), Transport Layer Security (TLS), Tor, and other cryptographic tools designed to keep data private and/or anonymous can go a long ways towards preventing private companies from having any usable data to give to federal agencies.

In addition to effective cryptography it’s also important to encourage businesses not to cooperate with federal agencies. The best way to do this is to buy products and services from companies that have fought attempts by federal agencies to acquire customer information and utilize cryptographic tools that prevent themselves from viewing customer data. As consumers we must make it clear that quislings will not be rewarded while those who stand with us will be.

Effective cryptography, unlike politics, offers a permanent solution to the surveillance problem. It’s wiser, in my opinion, to invest the time you’d otherwise waste with politics in learning how to properly utilize tools that protect your privacy. While your political victories may be undone nobody can take your knowledge from you.

Petty Tyrant Syndrome Leads To Gentrification

I’ve found another outbreak of Petty Tyrant Syndrome. This time it’s happening right here in the Twin Cities. The overlords of Columbia Heights are tired of all the blue collar workers on Central Avenue. Why? Apparently blue collar workers give off the wrong image. Instead of having the street populated with productive people the overlords wants people unproductively sipping lattes in coffee shops. In order to bring up this unproductive utopian vision the overlords have banned any new automobile related business from opening on the street:

Columbia Heights residents can buy an oil filter on nearly every corner of Central Avenue. But there’s no coffee shop where they can linger over a newspaper and sip a latte.

That’s a problem, city leaders say.

Fearful that a glut of mechanics, auto-parts stores and gas stations along Columbia Heights’ main drag is pulling down the city’s image and muscling out other businesses, the City Council is banning new auto-related businesses for up to six months.

City leaders figure that will be enough time to tighten up zoning regulations and set more design controls with an eye toward attracting a more eclectic mix of restaurants, shops and small service businesses along Central Avenue.

You thought I was joking about that sipping lattes remark, didn’t you? Here again we have a handful of people using their power to force everybody to comply with their vision of what is best. Because they’re unproductive bureaucrats who have time to sip lattes in a coffee shop for hours they are forcing everybody else to go along with their plan. I can’t help but think that there’s also a desire to see auto shops booted from the street because they’re run by people who get dirty doing their job. As we all know, people who get dirty are better heard, not seen, at least when you’re a petty bureaucrat trying to foster an image of sterile sameness.

Even more important to the overlords than their vision is the issue of income. Not for the businesses but for the city. Trendy hipsters with more money (technically it’s their parent’s money) than brains are cruising around on their brakeless fixies so they have no need for automobile related businesses. They’re also a major part of the group dumb enough to pay the stupidly high rental rates of high-density luxury apartments. So without them it’s hard to attract developers of said apartments, which means the city doesn’t get to collect absurd amounts of property taxes. Gentrification exists because cities want to increase their income and the easiest way of doing that is to replaces the lower and lower-middle class with the upper and upper-middle class. And in the end that’s what the result of this ban and rezoning scheme will be, gentrification.

If You Don’t Want To Be Treated Like A Criminal Don’t Buy A Blackberry

I know what you’re thinking, you weren’t planning to buy a Blackberry anyways. The company is so far behind the technological curve that it has become almost entirely irrelevant. But I know two people who purchased Blackberry phones within the last five years so I assume there may be a few other people who have been using the platform for ages and want to continue doing so. For them this post is a warning. Don’t buy a Blackberry unless you want to be treated like a criminal:

John Chen, the Blackberry chairman and CEO, is ripping Apple’s position that granting the authorities access to a suspected criminal’s mobile device would “tarnish” the iPhone maker’s image.

“We are indeed in a dark place when companies put their reputations above the greater good. At BlackBerry, we understand, arguably more than any other large tech company, the importance of our privacy commitment to product success and brand value: privacy and security form the crux of everything we do. However, our privacy commitment does not extend to criminals,” Chen wrote in a blog post titled “The encryption Debate: a Way Forward.”

What Apple has promised customers is it is unable to gain access to user data under any circumstances. In other words Apple is promising users that it utilizes cryptography that isn’t compromised in such a way to allow a third party access. Blackberry, on the other hand, is stating it will cooperate with law enforcement requests for user data. To do that it must utilize cryptography that is compromised in such a way to allow third party access. Such a scheme, if used under the auspices of giving law enforcers access to criminal data, necessarily treats all users as potential criminals.

Furthermore, what is the “greater good”? That’s such a nonsensical term. It requires the person uttering it to be so egotistical that they believe they know what’s best for everybody. I doubt anybody has knowledge so perfect that they know what is best for all seven billion people on this planet. Realistically it’s just a euphemism for what is best for the State, which is always at odds with what is best for the individual.

You don’t have to take my word for it though. The people have a voice in this matter through the market. Anybody who truly believes Apple is being detrimental to society by not cooperating with law enforcers can buy a Blackberry device. Something tells me this statement by Chen isn’t going to cause an uptick in Blackberry sales. If anything it will likely cause a drop (if it’s even possible for Blackberry sales to drop any lower) since most people don’t seem overly enthusiastic about being spied on.

Tools Of Your Subjugation

Some fools believe domestic surveillance is about fighting terrorists. Everybody else realizes it’s about subjugation. People are more easily kept in line when they believe they’re constantly being watched. Although much of the State’s surveillance capabilities are shrouded in secrecy The Intercept managed to get its hands on a rather interesting catalogue of government surveillance tools:

THE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States.

The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.

[…]

A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages.

The catalogue is fully of very interesting gadgets. In fact it demonstrates the fact that technology in the hands of government is a bad thing. While the market has used cellular technology to bring us wonderful gadgets that improve our lives the State only sees cellular technology as another means to subjugate its people.

Fuck Your Censorship

After flat out stating that you don’t have a right to free speech it may seem odd to see a post arguing for free speech. This is because yesterday’s post touched on organizations censoring speech within their own property. Today’s post touches on legal censorship. Slate, not surprisingly, has an article that claims the Islamic State of Iraq and the Levant (ISIS) is such a tremendous threat that the First Amendment must finally be eliminated:

But there is something we can do to protect people like Amin from being infected by the ISIS virus by propagandists, many of whom are anonymous and most of whom live in foreign countries. Consider a law that makes it a crime to access websites that glorify, express support for, or provide encouragement for ISIS or support recruitment by ISIS; to distribute links to those websites or videos, images, or text taken from those websites; or to encourage people to access such websites by supplying them with links or instructions. Such a law would be directed at people like Amin: naïve people, rather than sophisticated terrorists, who are initially driven by curiosity to research ISIS on the Web.

The law would provide graduated penalties. After the first violation, a person would receive a warning letter from the government; subsequent violations would result in fines or prison sentences. The idea would be to get out the word that looking at ISIS-related websites, like looking at websites that display child pornography, is strictly forbidden. As word spread, people like Amin would be discouraged from searching for ISIS-related websites and perhaps be spared radicalization and draconian punishment for more serious terrorism-related crimes.

Fuck you, Eric Posner, and the horse you rode in on. This is another example of Petty Tyrant Syndrome. Eric has seen something he doesn’t like, ISIS, and has decided the most expedient way to deal with it is to punish everybody. Since ISIS is using the Internet to spread its message Eric believes every user of the Internet must have a gun put to their heads so their brains can be immediately blown out if they post something that isn’t to his liking. And make no mistake, even though he tries to conceal the ultimate outcome of his proposed law by using euphemisms like “graduated penalties” this law, like all laws, would ultimately result in death by law enforcer. That’s because laws don’t recognize proportional responses.

If you break a minor law, are issued a citation, and fail to pay the State doesn’t throw up its hands in frustration and say, “Fuck it. It’s not worth the trouble to make you pay.” It issues an order to men with guns to hunt you down and kidnap you if you comply or murder you if you don’t.

Yesterday I mentioned that your right to free speech ceases to exist the second you enter somebody else’s property. But Eric isn’t proposing to censor people only on his own property. He’s proposing to censor people on everybody’s property. Under the lens of libertarianism he’s proposing to violate the shit out of everybody’s property rights. Therein lies the difference between censorship based on property rights and censorship based on legal decree. And that is why Eric Posner is a fucking cunt.

Government: Where Customer Service Is Nonexistent

Here in Minnesota we’re required to renew our driver’s license every four years. What should, at most, involve submitting a simple online form requires one to physically go to a licensing center, wait in line, fill out a form, and receive an absurdly large piece of paper that you have to carry around for the next month until your new license arrives by snail mail. What makes this process even more miserable is that the only criteria that seems to be on a licensing center’s application is “Are you a miserable fuck who will take out your misery on our customers?”

I had to visit two licensing centers. The first one I visited is a licensing center I had visiting a few years ago to get a passport. While its website claimed it did passports when I finally got to talk to an employee, after waiting for half an hour in line, I was told that the center no longer does passports. This time I decided I would ask the information desk before waiting in line. Instead of answering my simple question the lady working the information desk simply kept repeating, “Sir, you’ll have to take a number.” It would have taken no time to say either “Yes” or “No”. But she’s a government employee and has no motivation to provide customer service since I am legally required to do business with her employer. Needless to say I wasn’t going to wait for half an hour to ask a question just so I could wait for another half an hour to get my stupid license so I went elsewhere.

The second licensing center wasn’t a whole lot better. Fortunately the lady working at the information desk wasn’t a total dipshit and handed me a driver’s license renewal form to fill out. Why I have to fill out a physical form when they could simply pull up my information and ask if there are any changes that need to be made is beyond me. But I filled it out and was given a number. From there I proceeded to wait… and wait… and wait. When my number was finally called I had the fun of forking over the renewal fee (licenses only exist to extract wealth from people so there’s always a fee attached), waiting for five minutes while the clerk entered the information I wrote on the form into the computer, doing an absurd vision test, and getting my picture taken all so I could receive my new license in two to four weeks.

Licensing centers are perfect examples of government idiocy. Customer service is nonexistent and their technology is never updated to improve the process. Any sane place would have simply brought up the data that’s already in the database, asked if anything has changed, made any needed changes, and printed out a new license on the spot. Instead you’re subjected to the same process that has been used since driver’s licenses became a thing, which doesn’t scale with population growth. Physical forms have to be filled out, even though your data is already in their database, only so a clerk can reenter that data into their database. Instead of receiving your new license on the spot you have to carry around a giant carbon copy of the form you filled out, complete with your social security number printed on it, for a few weeks while somebody somewhere prints your license and mail it to you. But the worst part is the rude employees who seem to enjoy their tiny bit of power far too much. If you’re lucky you might find a licensing center that employs a decent human being or two. However, since you’re required to do business with them, there’s no motivation by the State to reprimand or fire rude employees so they become the norm.

Licensing centers truly are some of the vilest places on Earth.

Fascism Returns To Europe

I know what you’re thinking, fascism never left Europe. It’s true but it has been hidden under euphemisms like emergency powers, social democracies, and parliamentary procedures. But France is finally throwing off the visage of liberty, equality, and fraternity. With the Paris attacks as the excuse the French government is moving to silence those who would question it:

According to leaked documents from the Ministry of Interior the French government is considering two new pieces of legislation: a ban on free and shared Wi-Fi connections during a state of emergency, and measures to block Tor being used inside France.

The documents were seen by the French newspaper Le Monde. According to the paper, the new bills could be presented to parliament as soon as January 2016. The new laws are presumably in response to the attacks in Paris last month where 130 people were murdered.

The first proposal, according to Le Monde, would forbid free and shared Wi-Fi during a state of emergency. The new measure is justified by way of a police opinion, saying that it’s tough to track people who use public hotspots.

The second proposal is a little more gnarly: the Ministry of Interior is looking at blocking and/or forbidding the use of Tor completely. Blocking people from using Tor within France is technologically quite complex, but the French government could definitely make it difficult for the average user to find and connect to the Tor network. If the French government needs some help in getting their blockade set up, they could always talk to the only other country in the world known to successfully block Tor: China, with its Great Firewall.

This is just another feather in the hat of fascism that already includes detaining activists in their homes so they can’t exercise their supposed right to free speech and targeting members of a minority religion. But the target of these measures is very clear: removing the anonymity of the people the French government wishes to target.

Fortunately the French government is setting itself up for failure. Tor has proven to be a difficult target for tyrannical governments to suppress. Every time an effective means of censoring Tor traffic is implemented a workaround is also implemented. Open Wi-Fi access points are easy to shutdown until the network is decentralized. Finding and shutting down every node in a large mesh network would be extremely expensive. In addition to taking a great deal of time and money it would also divert a sizable amount of labor from other suppression activities. And there’s no guarantee the French government would be able to find and tear down new nodes faster than activists could replace them. If the people of France are smart they’ll start working on their own version of Guifi.net.

Punishing The People Because Of Terrorism

The San Bernardino attack is just another tragedy on a long list of tragedies exploited by the State. Again we’re seeing the tired claim by the political body that the people must be severely punished:

Obama said he will “urge high-tech and law enforcement leaders to make it harder for terrorists to use technology to escape from justice,” without going into details, and order a review of the visa waiver program that allowed one of the San Bernardino terrorists into the US. Obama also called on Congress to ban people on no-fly lists from buying guns. “What could possibly be the argument for allowing a terrorist suspect to buy a semi-automatic weapon?” he asked. “This is a matter of national security.”

Mr. Obama may not have gone into specifics but we know what he’s hinting at. “Making it harder for terrorists to use technology to escape from justice,” is a euphemism for prohibiting the use of effective cryptography. In other words the basic security tools every one of us relies on every day must be broken so the State can further expand it’s already too expansive surveillance apparatus.

Reviewing the visa program is a euphemism for finding more ways to restrict people from crossing the imaginary lines often referred to as borders. Anybody who has been paying attention to recent political maneuvering is aware that the State is becoming more interested in tightening the borders. Just remember that a secure border prevents tax cattle from leaving.

Finally the question, “What could possibly be the argument for allowing a terrorist suspect to buy a semi-automatic weapon,” is a euphemism for removing due process from decided who can and cannot own a firearm. Apparently having to go through the process of finding somebody guilty of a crime before they can be prohibited from owning a firearm is just too damn inconvenient.

Notice how each of these proposals requires punishing the entire population of almost 319 million for the actions of two individuals. Also notice how none of these proposals will do anything to curtail terrorism. Just because domestic companies can’t release tools that use effective cryptography doesn’t mean foreign entities can’t. According to the United States government the border is 102,514 miles long. Any thoughts of effective controlling over 100,000 miles of territory is nothing but a fantasy. Prohibiting more people from owning firearms only ensures attackers will be met with lighter resistance.

There are many ways of making a society more resilient to attacks. Punishing everybody in society whenever attack occurs is not one of them.

Eliminating Due Process

time-machineWe’re going back to 2009!

Talk about preventing “terrorists” from acquiring firearms is in the news again proving that everything old is new. With the shooting in San Bernardino in recent memory several politicians have taken the opportunity to introduce an amendment to a bill that would, amongst other things, prohibit people on the terrorist watch lists from buying firearms. This maneuver is being heralded as a tool to prevent terrorists from acquiring firearms but, as I noted back when this shit was being argued in 2009, the terrorist watch lists are secret lists. How do you end up on one of the lists? Who knows? It’s a secret. Are you already on one of the lists? Who knows? It’s a secret. All we do know is that the lists exist and a lot of names are on them.

Prohibiting people on the terrorist watch lists from buying firearms isn’t about prohibiting terrorists from buying firearms. It’s about removing due process before prohibiting people from buying firearms.

Unlike many people my support for due process isn’t dependent on whether or not an accused party shares my philosophical beliefs. I oppose any punishment issued without due process. Do you know why? Because not performing a full investigation and trial leads to shit like this:

A Guantanamo Bay prisoner locked up for 13 years has been found to be a victim of mistaken identity, originally thought to be a member of al-Qaeda.

Mustafa al-Aziz al-Shamiri was kept in a secret prison camp for 13 years without charge because somebody mistook him for somebody else. The only reason this is known is because some kind of hearing was finally held. In that hearing it was determined that he was just some low level schmuck and not the evil mastermind trainer he was originally sold as. Of course some may point out that he was still a fighter in al-Qaeda so his incarceration was justified. To that I would point out that no such fact was known because no investigation or hearing had been conducted. All we know is he was locked in a secret prison camp for 13 years based on accusations so weak no charges were even filed against him. That’s the kind of shit that happens when you don’t have due process.

I’m not going to mince words. Anybody who endorses their philosophical and political opponents being punished by governments without requiring any manner of due process is an asshole. They are what’s wrong with the world. They are the reason we can’t have nice things. I’d consider rounding them all up and putting them in a secret prison camp for the good of humanity but, you know, I believe in due process so I could never support such a thing.