Legalizing More Thievery

Civil asset forfeiture is simply a euphemism for theft. Unlike most other forms of government theft, civil asset forfeiture doesn’t even have the thin veil of criminal or civil charges either being proven in court or confessed to by the accused to justify it. Instead civil asset forfeiture relies on the concept of guilty until proven innocent. If a man with a badge believes that your assets are in any way tied to a drug crime they can legally steal them and the only way you can get them back back is by proving they aren’t, which is an impossible task.

While there has been a lot of pushback in recent years to civil asset forfeiture by a handful of individual states, the United States Senate is working hard to expand it:

A new bill seeks to track your money and assets incessantly, will enjoin any business with government ties to act as a de facto arm of DHS, and would steal all of your assets — including Bitcoin and other cryptocurrencies — should you fail to report funds when traveling with over $10,000.

Under the guise of combating money laundering, Senate Bill 1241, “Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2017,” ramps up regulation of digital currency and imposes other autocratic financial controls in an attempt to ensure none of your assets can escape one of the State’s most nefarious, despised powers: civil asset forfeiture.

The best thing about a law like this is that most people won’t know about it and therefore will fail to comply with it out of sheer ignorance. Since ignorance of the laws isn’t an excuse a law like this creates a huge number of new criminals for the State to prey on.

There are a lot of banking laws that people violate every day because they are simply unaware of them and the government loves to go after them. The Internal Revenue Service was going after people who turned their legitimate deposits over $10,000 into multiple smaller deposits to avoid filling out reporting paperwork. Legally this is known as structuring and the law that prohibits it was passed under the guise of catching tax evaders but most people are entirely ignorant of it so they violate it accidentally. Senate Bill 1241 aims to create a similar law that will likely be violated by innocent people who are simply unaware of the law, which will give the State an excuse to seize their assets. Best of all, if it happens under civil asset forfeiture, the government doesn’t even have to prove guilt.

Undead Bureaucracy

Remember Y2K? Most of us have probably forgotten about that apocalypse that never happened. But the government didn’t. In fact government offices were still reporting on their Y2K readiness status because that’s what the law commanded them to do:

Seventeen years after the Year 2000 bug came and went, the federal government will finally stop preparing for it.

The Trump administration announced Thursday that it would eliminate dozens of paperwork requirements for federal agencies, including an obscure rule that requires them to continue providing updates on their preparedness for a bug that afflicted some computers at the turn of the century. As another example, the Pentagon will be freed from a requirement that it file a report every time a small business vendor is paid, a task that consumed some 1,200 man-hours every year.

Bureaucracy is a lot like a zombie. Once it has been summoned it will shamble around trying to eat people forever. The only way to stop it is to take purposeful action to kill it.

Government offices should have stopped having to report on their Y2K readiness as soon as the year switched from 1999 to 2000. But the law requiring the offices to report on their readiness didn’t have a builtin expiration date and nobody in the Legislature took action to pass another law canceling those requirements so everybody kept going through the motions even though doing so was completely pointless.

The System Worked as Intended

The Iron Maiden concert wasn’t the only big thing to happen on Friday. The jury for the Jeronimo Yanez case finished their deliberations and, as expected, determined that the officer was innocent. What was also unsurprisingly is that protesters responded by shutting down I-94.

A lot of people have been arguing that the system has failed but I would argue that the system is working as intended. Some people raised questions about the charges being brought against Yanez, mostly noting that other charges could have been brought against him that would have been easier to prove. I’m not familiar enough with the subject of charges to know if there’s any validity to that claim but brining difficult to prove charges against agents of the State isn’t unprecedented. However, we do know that the judge seemed to be extending a little professional courtesy to Yanez by denying the jury’s request to review some of the evidence. Since I wasn’t on the jury I don’t know whether that denial had any bearing on the ruling or not but it’s a fact that will likely haunt this trial for a while.

We know from previous trials that the courts purposely feed jurors erroneous information that benefits the State. For example, jurors are usually instructed that they must rule on the letter of the law, which goes against a jury’s right of nullification. As the Yanez trial demonstrated, judges also hold a great deal of sway over what jurors are allowed to see and not allowed to see. If the jury requests to review evidence, a judge can deny their request.

Jury trials are often thought of as a check on government power but the “justice” system here in the United States is designed in such a way that the State almost always wins. But the State holds a monopoly on writing, interpreting, and deciding the legality of laws. It makes the rules so it should come as no surprise that the rules favor it just as the rules of a Casino favor the house. When the State wins in its courts, even when the case against it is damning, people should realize that the system isn’t broken. In fact it’s working exactly as intended.

Now You Can Vote Harder

The security of voting has always been a joke. The people counting the votes could always manipulate the results, boxes of ballots could disappear, voters could vote more than once pretty easily, etc. Electronic voting machines could have solved many of these issues. Instead they are merely continuing the tradition of terrible security:

A 29-year-old former cybersecurity researcher with the federal government’s Oak Ridge National Laboratory in Tennessee, Lamb, who now works for a private internet security firm in Georgia, wanted to assess the security of the state’s voting systems. When he learned that Kennesaw State University’s Center for Election Systems tests and programs voting machines for the entire state of Georgia, he searched the center’s website.

“I was just looking for PDFs or documents,” he recalls, hoping to find anything that might give him a little more sense of the center’s work. But his curiosity turned to alarm when he encountered a number of files, arranged by county, that looked like they could be used to hack an election. Lamb wrote an automated script to scrape the site and see what was there, then went off to lunch while the program did its work. When he returned, he discovered that the script had downloaded 15 gigabytes of data.

[…]

Within the mother lode Lamb found on the center’s website was a database containing registration records for the state’s 6.7 million voters; multiple PDFs with instructions and passwords for election workers to sign in to a central server on Election Day; and software files for the state’s ExpressPoll pollbooks — electronic devices used by pollworkers to verify that a voter is registered before allowing them to cast a ballot. There also appeared to be databases for the so-called GEMS servers. These Global Election Management Systems are used to prepare paper and electronic ballots, tabulate votes and produce summaries of vote totals.

The files were supposed to be behind a password-protected firewall, but the center had misconfigured its server so they were accessible to anyone, according to Lamb. “You could just go to the root of where they were hosting all the files and just download everything without logging in,” Lamb says.

Login passwords posted where they’re publicly accessible? That sounds like fun. Oh, and the site is running an old version of Drupal, which means it has plenty of vulnerabilities for malicious individuals to exploit. With this information in hand it might be possible for a malicious hacker to actually vote hard enough to change the results of an election.

What lessons can be taken away from this? The most obvious lesson is that the Georgia government doesn’t give a shit about security. With how important statists claim voting is you would think that hiring a few security researchers to verify the security of purchased voting machines and the systems they rely on would have been at the top of Georgia’s list. Apparently it wasn’t on the list at all. The second lesson that one could take away from this is that voting is meaningless. Not only are you more likely to die on your way to your polling place than to change the election with your vote but the security of the voting process is so terrible that there’s every reason to believe that your vote won’t be counted or will be counted incorrectly.

Judging a Case on Some of the Facts

The trail of Jeronimo Yanez took a strange turn yesterday when it was revealed that the jury wouldn’t be allowed to review the evidence:

Jurors requested to view the video of the shooting captured on Yanez’s squad car camera as well as the video that Castile’s girlfriend, Diamond Reynolds, live-streamed on Facebook in the incident’s immediate aftermath on the evening of July 6 in Falcon Heights.

Both videos were played during the trial.

Leary let jurors watch the two videos in court Tuesday.

The judge declined jurors’ requests to see transcripts of the squad car video as well as the initial statement Yanez gave about the shooting to in

Why did the man in the muumuu refuse the jury’s request to review the evidence that had already been presented? Since the judge didn’t give a reason and a spokesperson for Minnesota’s Judicial Branch only said that a man in a muumuu has the right to regulate jury deliberations we’re left to speculate. I’m not going to go so far as to say that the man in the muumuu is trying to extend a little professional courtesy to his fellow government stooge but I also won’t deny that it looks that way. What I do know is that this will likely be latched onto by protesters if the trial ends in a hung jury or a decision of not guilty (and I guarantee that there will be protesters in either of those two cases).

Government Holds Everything Back

What if I told you that we could have had cellular technology as far back as 1947 if the government hadn’t interfered? You’d probably label me a cooky conspiracy theorist and file me with the people who say that we could have had electric cars decades ago if it weren’t for oil companies. But a conspiracy theory ceases to be a theory when it turns out to be true:

When AT&T wanted to start developing cellular in 1947, the FCC rejected the idea, believing that spectrum could be best used by other services that were not “in the nature of convenience or luxury.” This view—that this would be a niche service for a tiny user base—persisted well into the 1980s. “Land mobile,” the generic category that covered cellular, was far down on the FCC’s list of priorities. In 1949, it was assigned just 4.7 percent of the spectrum in the relevant range. Broadcast TV was allotted 59.2 percent, and government uses got one-quarter.

Television broadcasting had become the FCC’s mission, and land mobile was a lark. Yet Americans could have enjoyed all the broadcasts they would watch in, say, 1960 and had cellular phone service too. Instead, TV was allocated far more bandwidth than it ever used, with enormous deserts of vacant television assignments—a vast wasteland, if you will—blocking mobile wireless for more than a generation.

The Fascist Communications Club Federal Communications Commission (FCC) was granted a monopoly on electromagnetic spectrum by the United States government (or, in other words. the government granted a monopoly to itself). Through this monopoly the FCC enjoyed and still enjoys life or death powers over a great deal of technology. Back in 1947 when AT&T wanted to develop cellular technology the FCC decided the technology should die. As television became more popular the FCC decided that the technology should live. It didn’t matter that there was enough spectrum for both technologies to coexist, the FCC wanted one to live and the other to die so it was made so.

The FCC’s power isn’t unique, it’s the inevitable result of any monopolized authority. Cannabis, a plant that shows a great deal of promise in the medical field, is prohibited because the United States government has a monopoly on what you can and cannot legally put into your own body. A lot of drugs and other medical technologies either don’t make it into the United States or are delayed for years because the Food and Drug Administration (FDA) has been given a monopoly on deciding which medical technologies are legal and illegal.

It’s a Cyberpocalypse

Have you ever had a sneaking suspicion that an author of an article was given a keyword and paid based on the number of times they managed to insert that keyword into their article? I’m fairly certain that’s what precipitated this article. Doing a page search for “cyber” resulted in 29 hits.

If you can overcome the tedium of reading the word “cyber” every other sentence, you’ll find an article discussing the difficult the United States is having with fighting the Islamic State. It turns out that treating a decentralized organization like a centralized organization results in bad tactics. Who could have guessed that?

What’s even funnier though is the little tidbit the author snuck in that is supposed to justify the United State’s prohibition on carry-on electronics on flights originating from certain airports:

Even one of the rare successes against the Islamic State belongs at least in part to Israel, which was America’s partner in the attacks against Iran’s nuclear facilities. Top Israeli cyberoperators penetrated a small cell of extremist bombmakers in Syria months ago, the officials said. That was how the United States learned that the terrorist group was working to make explosives that fooled airport X-ray machines and other screening by looking exactly like batteries for laptop computers.

Those must be some fantastically shitty x-ray scanners if they can’t actually tell the difference between legitimate laptop parts and bombs.

That tidbit might justify the carry-on electronics ban if it was in any way uniform. But the ban targeted specific airports, which means any terrorist with one of these highly advanced laptop bombs could get around the prohibition by flying to another airport, perhaps one in Europe, first and then flying to the United States from there. In other words, the “solution” to this threat wouldn’t have protected anybody and was therefore implemented for other reasons or was nothing more than security theater.

Police Body Camera Footage Being Placed Under Lock and Key

Equipping police with body cameras was supposed to help the public hold law enforcers accountable but like any solution the State agrees to, body cameras turned out to be yet another weapon in the State’s arsenal to expropriate wealth from its subjects. State governments are placing body camera footage under lock and key so it can’t be used by the public:

North Carolina, for example, passed legislation last year excluding body camera video from the public record, so footage is not available through North Carolina’s Public Records Act. That means civilians have no right to view police recordings in the Tar Heel state unless their voice or image was captured in the video.

Louisiana also exempts body camera video from public records laws.

South Carolina will only release body camera footage to criminal defendants and the subjects of recordings.

Kansas classifies body camera video as “criminal investigation documents” available only when investigations are closed. The Topeka Police Department may have wanted positive public relations with the release of its pond rescue video, but if a news outlet had requested that video through Kansas’ Open Records Act, that request would’ve likely been denied.

I stated pretty early on in the body camera debate that the footage would be useless, at least as far as holding the police accountable goes, unless the video was streamed directly to a third-party server that wasn’t under the control of any government entity. However, most body cameras upload their data to services, such as Axon’s evidence.com, that are controlled by parties with a vested interest in pleasing police departments. Combine that setup with the state laws that put the footage outside of the public’s reach and you have another tool that was sold as being good for the people that was actually very bad for them.

Monday Metal: Get Up And Fight by Masters of Persia

This week’s Monday Metal is taking us to Iran where metal isn’t as appreciated, at least in the more religious rural areas, as it is here in the United States:

For nine months after the beating, Meraj laid low, but one day a representative of the city’s religious authorities called his father and demanded he report to the police station. He didn’t, and a few weeks later a well connected student said that both Meraj and Anahid had been discussed during a high level meeting of the city authorities. “They said we have music in this city and there is a group named Master of Persia. The girl has a shaved head and is a Satanist,” he said.

A prominent local religious leader, Ayatollah Alam Alhoda told the meeting that the band were clearly kaffirs, or unbelievers, and demanded that the authorities deal with them. This, said Meraj, was serious. “When a big mullah says ‘kaffir’ this is no joke.

They don’t need the documents and the law – they will kill you,” he said. Ayatollah Alhoda also had priors: in 2012 he called for an Iranian rapper, Shahin Najafi, who lived in Cologne, to be assassinated. Najafi was later given a death sentence for apostasy by another hardline cleric based in Qom and an Iranian news website announced a $100,000 reward for anyone who would kill the rapper. Within four days, Meraj had sold his car for $4,000 and he and Anahid had fled Iran, first travelling to Tehran and then across the border by bus. They have not been back since.

When metal first arrived on the scene here in the United States it was also met with significant resistance from religious individuals and concerned parents. Granted, by that point in the country’s history religious leaders had already lost their extralegal privileges but they tried their damnedest to get the government to restrict metal and other “obscene” forms of music. Their push for government control was serious enough that Dee Snider had to defend himself against Tipper Gore in front of Congress in 1985.

While the fight for metal here has basically been won, the fight continues in other parts of the world.

The Future is Bright

A writer at The Guardian, which seems to be primarily known for propagating left-wing statist propaganda, has shown a slight glimmer of understanding. While neoconservatives and neoliberals fight for power over other people, crypto-anarchists have been busy working in the shadows to develop technology that allows individuals to defend themselves from the State:

The rise of crypto-anarchism might be good news for individual users – and there are plenty working on ways of using this technology for decent social purposes – but it’s also bad news for governments. It’s not a direct path, but digital technology tends to empower the individual at the expense of the state. Police forces complain they can’t keep up with new forms of online crime, partly because of the spread of freely available encryption tools. Information of all types – secrets, copyright, creative content, illegal images – is becoming increasingly difficult to contain and control. The rash of ransomware is certainly going to get worse, exposing the fragility of our always connected systems. (It’s easily available to buy on the dark net, a network of hidden websites that are difficult to censor and accessed with an anonymous web browser.) Who knows where this might end. A representative from something called “Bitnation” explained to Parallel Polis how an entire nation could one day be provided online via an uncontrollable, uncensorable digital network, where groups of citizens could club together to privately commission public services. Bitnation’s founder, Susanne Tarkowski Tempelhof, hopes Bitnation could one day replace the nation state and rid us of bureaucrats, creating “a world of a million competing digital nations”, as she later told me.

The biggest threat to statism is individual empowerment. While technology is a two-edged sword, serving both the State and individuals without concern for either’s morality, it is difficult to argue that it hasn’t greatly helped empower individuals.

A combination of Tor hidden services and cryptocurrencies have done a great deal to weaken the State’s drug war by establishing black markets where both buyers and sellers remain anonymous. Weakening the drug war is a significant blow to the State because it deprives it of slave labor (prisoners) and wealth (since the State can’t use civil forfeiture on property it can’t identify).

Tor, Virtual Private Networks (VPN), Hypertext Transfer Protocol Secure (HTTPS), Signal, and many other practical implementations of encryption have marvelously disrupted the State’s surveillance apparatus. This also cuts into the State’s revenue since it cannot issue fines, taxes, or other charges on activities it is unaware of.

3D printers, although still in their infancy, are poised to weaken the State’s ability to restrict objects. For example, the State can’t prohibit the possession of firearms if people are able print them without the State’s knowledge.

But if the State disables the Internet all of these technologies fall apart, right? That would be the case if the Internet was a centralized thing that the State could disable. But the Internet is simply the largest network of interconnected networks. Even if the State shutdown every Internet Service Provide (ISP) in the world and cut all of undersea cables, the separated networks will merely have to be reconnected. That is where a technology like mesh networking could come into play. Guifi.net, for example, is a massive mesh network that spans Catalonia. According to the website, there are currently 33,191 operating nodes in the Guifi.net mesh. Shutting down that many nodes isn’t feasible, especially when they can be quickly replaced since individual nodes are usually cheap off-the-shelf Wi-Fi access points. Without the centralized Internet a span of interconnected mesh networks could reestablish global communications and there isn’t much the State could do about it.

Statism has waxed and waned throughout human history. I believe we’re at a tipping point where statism is beginning to wane and I believe advances in individual empowering technologies are what’s diminishing it. Voting won’t hinder the State. The Libertarian Party won’t hinder the State. Crypto-anarchists, on the other hand, have a proven track record of hindering the State and all signs point to them continuing to do so.