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crime and punishment general freedom media and media people moral hazard

Porn, Video Games and British Crime

British freedom is eroding. The attack comes from two directions.

First, there is the over-bearing police-state style, surveillance-everywhere government.

Second, there is the increasing violence.

Thing is, the justification for Britain’s mass surveillance, as well as for strict gun controls, was to prevent crime.

Oops.

So of course the Labour Party “shadow home secretary” Diane Abbott points an accusatory finger at porn and video games. These two influences may be “desensitising young people to vicious behaviour.”

Well, porn and video games are changing our cultures, on both sides of the pond. But in America, at least, the crime rate for the past two decades plumetted while video games and Internet porn have become ubiquitous, explicit and . . . admittedly, appalling.

Look elsewhere for the crime uptick.

The Brexit fiasco, with the Tory government messing up implementation of the 2016 referendum results, has surely increased, not decreased, tensions all around, as has immigration policy, the collapsing National Health system, and much more. But worst of all? The nanny state, treating citizens as childish subjects. The police arrest people for nothing more than saying mean or just edgy things online. 

If people cannot be free legally, they will take license — illegally. 

Previously, we heard about a rash of acid attacks: acid thrown in the faces of pedestrians. More recently, the headlines are about stabbings — after years of knife control, of government crackdowns on even kitchen knives.

Ms. Abbott places the primary blame for rising crime not on the above, however, but on poverty and malfunctioning education. Not mentioned? The possibility that taking away British citizens’ rights of self-defense may have the perverse (unintended?) consequence of increasing offensive violence.

This is Common Sense. I’m Paul Jacob.


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Fourth Amendment rights general freedom national politics & policies Popular too much government

Snowden Won?

“The phone records program” that Edward Snowden risked life, limb and freedom to expose “had never thwarted a terrorist attack,” the New York Times informs in a somewhat startling bit of reportage published on Monday.

But that isn’t the startling part. 

The National Security Administration’s unauthorized metadata phone-records collection program was a wish-list snoop system snuck into practice under cover of the Patriot Act. After the Snowden revelation, Congress halted it, replacing it with a similar operation in 2015, via the U.S.A. Freedom Act. But we have long known that U.S. spies could do most of what they “need” without pre- or post-Snowden versions.

What is startling in the Times article, “Disputed N.S.A. Phone Program Is Shut Down, Aide Says,” is there in the title: the federal government’s top spy agency has allegedly not used the program in its Freedom Act version in months, has even closed it.

And the Freedom Act, up for renewal, may just be allowed to die a quiet death.

Nick Gillespie, at Reason, cautions that “the possible end of the USA Freedom Act doesn’t mean the federal government doesn’t have access to all sorts of tools needed to secretly snoop on you, or that your personal data isn’t being collected in any number of ways you have little control over.” And he cites a recent Reason piece on how Patriot Act survellaince powers have been used to bust up a prostitution ring.

Which shows how terrorism is not the only government target. 

And why giving government vast surveillance powers could be used for anything.

Not to mention that niggly problem of abridging the Fourth Amendment rights that had so concerned Ed Snowden.

This is Common Sense. I’m Paul Jacob.


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There You Go Again, IRS

The old keywords were “Constitution,” “Patriot” and “Tea Party.”

The new ones? “Marijuana,” “oxycodone,” and “legalization.”

Paul Caron, the TaxProf blogger, calls attention to another IRS scandal — again about denying tax-exempt status to organizations because of their political views. He had barely finished blogging about the scandal that came to light in 2013 when a new one burst into view.

You almost certainly remember the older scandal, in which the Internal Revenue Service had been caught intrusively scrutinizing and delaying the applications of conservative non-profits picked on because of their conservatism.

To cover that mess, Professor Caron published a blog series called “The IRS Scandal, Day __.” He added a post daily.

Every day.

For years.

The last installment, Day 1921, published on August 14, 2018, reported a settlement: meager taxpayer-funded payouts to over a hundred victimized organizations. The IRS never admitted wrongdoing. No one was ever punished. According to the Washington Times, the agency said that it had “made changes so that political targeting can’t occur in the future.”

These changes don’t seem to include prohibiting political targeting by the IRS, however.

Now we have another case.

Caron points us to a Wall Street Journal op-ed by David Rivkin and Randal Meyer, lawyers, who have discovered a dirty little secret in Revenue Procedure 2018-5. One provision authorizes IRS to withhold tax-exempt status from applicants seeking to improve “business conditions . . . relating to an activity involving controlled substances,” including marijuana and oxycodone. Advocating legalization of marijuana would count as trying to improve such conditions.

Apparently, the IRS thinks its mandate entails enforcing the status quo by stifling dissent — instead of just doing its congressionally mandated (if all-in-all irksome) job.

This is Common Sense. I’m Paul Jacob.

 


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Accountability crime and punishment government transparency media and media people moral hazard national politics & policies privacy Snowden

Clapper into the Clink?

Lying to Congress is a strange crime. A number of people have been prosecuted for it over the years, but Congress isn’t a court of law and, more to the point, Congress may present the densest source of lies in the United States.

The idea that it would be illegal for a citizen to lie to a den of liars is, well, a bit amusing.

But it is illegal, and definitely should be illegal, for government functionaries to give false testimony before Congress.

That’s why the case of the admittedly “untruthful”* James Clapper is so aggravating. When asked by Senator Ron Wyden, on the Senate floor, about data collection of phone calls by the U.S. federal government, he — the director of national intelligence under President Barack Obama from 2010 to 2017 — lied through his teeth.

And had not Edward Snowden leaked information on the National Security Administration’s metadata collection program, we would not have learned anything about it.

No wonder, then, that several congressmen want to prosecute Clapper before March 12, when the Statute of Limitations runs out on his crime. Steven Nelson at the Washington Examiner quotes Rep. Ted Poe (R-Tex.), Rep. Thomas Massie (R-Ky.), Rep. Louie Gohmert (R-Tex.), and Rep. James Sensenbrenner (R-Wis.) as all being in favor of siccing federal prosecutors on the forked tongue spymaster.

Senator Wyden warns that letting lies such as Clapper’s go unaddressed encourages Americans to be cynical about government, and “makes it possible, even probable, for hucksters and authoritarians to take power.”

Too late?

This is Common Sense. I’m Paul Jacob.

 

* Clapper’s March 2013 whopper at the Senate Intelligence Committee hearing was that the NSA was “not wittingly” collecting “any type of data at all” on millions of Americans. Later, to MSNBC, he characterized his artful dodge as having been “the least untruthful” way for him to respond.


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Accountability crime and punishment government transparency media and media people national politics & policies responsibility

A Handy Evasion

Susan Rice, National Security Advisor in President Barack Obama’s administration (2013 – 2017), is being picked on, she speculates, for reasons pertaining to her race and gender.

Handy evasion.

At issue is not her infamous prevarication in the Benghazi affair. We are used to being lied to about foreign policy, so that was barely a shock.

What is news now? The Trump-Russia story.

Background: Ever since her defeat to Donald Trump, former Secretary of State Hillary Clinton has provided the very model of how to deflect attention from one’s own defects. She’s blamed FBI Director James Comey, the vast right wing conspiracy, and, of course, Russia.*

Amusingly, the Russia biz still boils down to how Russian hackers, apparently directed from high in the hierarchy of the Eastern warlord state, illegally liberated information from private servers. Those revealed emails showed Mrs. Clinton and her campaign in a negative light. Excuse-makers call this “hacking the election.”**

It turns out, the biggest crimes committed during the campaign, and somewhat regarding Russia, were engaged in by the Obama Administration, perhaps especially by Rice herself. She is accused of illegally surveilling the Trump campaign and those around it by “unmasking” their identities in the course of surveillance reports, which are legally required to be anonymous . . . when catching in the net folks tangential to the target.

The law requires FISA court go-aheads for such identifications. And the Obama administration was roundly reprimanded by a FISA court for not following protocols.

In any case, the idea that only women and African-Americans are hounded by opposition parties and the press does not hold up to scrutiny.

Nixon, anyone?

This is Common Sense. I’m Paul Jacob.

 

* Her team has also blamed President Barack Obama

** A private server was hacked, not an election.


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Accountability crime and punishment general freedom moral hazard national politics & policies privacy responsibility

In Plain Sight

The Berlin terrorist attack just a little over a week ago fit a noteworthy pattern. German authorities had investigated Anis Amri — the Tunisian man who drove that large truck into a crowded Christmas market, killing 12 and wounding 56 others — and found “links with Islamic extremists.”

Later killed in Milan, Italy, Amri had been wanted in Tunisia for “hijacking a van” and jailed in Italy for arson and a “violent assault at his migrant reception center.” And yet with all that known or easily knowable, the German authorities couldn’t prevent him from killing innocent Germans.

It’s not just a European phenomenon, either.

Consider Omar Mateen, this country’s worst mass shooter, having massacred 49 people in Orlando’s Pulse nightclub. The FBI had spent ten months looking into Mateen.

Years before the Boston Marathon bombing, the FBI had tracked Tamerlan Tsarnaev, one of the bombers.*

“In case after case . . . authorities have come forward after the fact to say that they had enough cause to place the suspect under surveillance well before the violence,” the Washington Post recently noted. This was the case with the majority of recent lone-wolf terrorism plots.

“If any lesson can be learned from studying the perpetrators of recent attacks,” a report in The Intercept concluded, “it is that there needs to be a greater investment in conducting targeted surveillance of known terror suspects and a move away from the constant knee-jerk expansion of dragnet surveillance . . .”

Yet intelligence agencies are still grabbing our metadata in violation of the Fourth Amendment. That needs to stop.

The fact that known threats are consistently not being stopped suggests curtailing mass surveillance won’t hurt our security, but improve it.

This is Common Sense. I’m Paul Jacob.

 

* The same is true regarding the Ft. Hood (work-place) shooter, Nidal Hasan. Likewise, Abdulhakim Mujahid Muhammad (formerly Carlos Bledsoe), who was under the active eye of the FBI after returning from Yemen . . . until he opened fire on a Little Rock, Arkansas, recruiting station killing one soldier and wounding another. Ditto Ahmad Khan Rahami, the less deadly bomber in New York City and New Jersey.


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Inch, Meet Mile

Give ’em an inch, they will take . . . a continent.

When Edward Snowden broke the secrecy of the NSA’s illegal surveillance on innocent Americans, many folks (especially those in government) said the snooping was OK, because

  1. it is necessary for our security, and, besides,
  2. the collected data would only be used against terrorists, as supervised by the FISA courts.

Well, it is now known that, whatever “a.” may be, “b.” is a dead letter, swept away by broken promises and a new information practice.

Yes, the National Security Agency now shares its (unconstitutionally obtained) information with various and sundry government agencies, for a wide variety of purposes.

Last week, Radley Balko noted in the Washington Post that “the ‘sneak-and-peek’ provision of the Patriot Act that was alleged to be used only in national security and terrorism investigations has overwhelmingly been used in narcotics cases. Now the New York Times reports that National Security Agency data will be shared with other intelligence agencies like the FBI without first applying any screens for privacy.”

That didn’t take long, eh?

Many of us have opposed the NSA’s data collection on American citizens because we believed the data would not continue to be used just for the alleged purpose they were collected.

It is not a “slippery slope” argument so much as an “inch-mile” one. Government tends to grow, in size and especially in scope.

And usually at the expense of our freedoms.

This is Common Sense. I’m Paul Jacob.


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Discreditable Credit

Capitalism can be rigged a hundred different ways, apparently. China’s is run by its Communist Party, and even current innovations bear the stamp of the Party.

Take “social credit.”

Not the quaint decentralist economic reform movement that was a minor deal in politics on the West Coast of the U.S. and Canada 60 or more years ago.

What I’m referring to is the innovative credit scoring system devised by a gaming company in cooperation with China’s commie-run government.

But it’s not quite like the credit scoring systems set up by competing companies in the U.S., which cook up “credit scores” based on going into debt and paying off debt. If you pay your bills, you get a higher score. If you don’t, it plummets.

The new “Sesame” credit scoring system is less interested in the debts you pay off and more in what you buy and what you put up on social media. The company has concocted a secret algorithm, and gives higher scores to good citizens — obedient people — and lower scores to lazy people (inferred from, say, if you play a lot of video games) or to folks who are rebellious free thinkers (posting pictures of Tank Man in Tiananmen Square, for example).

That is what it seems like, so far.

It rewards those Chinese who are industrious (yay?) and who kowtow to Communist Party expectations (yikes!) — and makes me extra glad I live in the U.S., where government is too chaotic and stupid to cook up anything quite this insidious.

This is Common Sense. I’m Paul Jacob.


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Are They Reading This?

You’re a nice person, Gentle Reader; I’m glad to communicate with you in a public forum and listen to your responses.

But we both expect limits to this mutual access. If we’re not legitimately suspected of being criminals, we expect to go about our business without strangers intruding upon us at will. We have a right to boundaries.

More and more, though, the borders of the privacy we rely upon are routinely violated by government employees who trawl our lives at random. We often have no idea of the existence or extent of the intrusions until long after the fact.

The latest disturbing practice we’re getting a smidgen of info about is the secretive use by police agencies of so-called “sting ray” devices, which simulate cell towers to track cell phone data and location.

For years, obeying FBI demands for secrecy, prosecutors have been dropping cases rather than report how the devices are deployed. In a Baltimore murder trial, though, Detective Michael Dresser testified that his department has used the device 4,300 times. He assures us that officers await judicial permission . . . unless the circumstances are too urgent.

That’s nice. But without a lot more transparency about how and when the sting ray is deployed, I don’t have much confidence that such scrupulousness is par even in Baltimore, let alone all other locales. It’s hard to give government agencies the benefit of the doubt when the track record is so lousy.

This is Common Sense. I’m Paul Jacob.


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