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19 Aug 16:17

Spanish Police Park In Handicapped Spot, Fine Person Who Caught Them For 'Impugning Their Honor'

by Tim Cushing

A question that is almost always ignored when crafting legislation is "How will this new law be abused?" In the case of Spain's horrific Gag Law (officially [and hilariously] known as the "Citizen Security Law"), the answer is, "As much as possible."

Just a couple of weeks away from a Spanish citizen being fined for calling his local police force "slackers," a Spanish woman has been fined for posting a picture of police car parked in a handicapped spot to her Facebook page.

A Spanish woman has been fined €800 (£570) under the country’s controversial new gagging law for posting a photograph of a police car parked illegally in a disabled bay.

The unnamed woman, a resident of Petrer in Alicante, south-east Spain, posted the photo on her Facebook page with the comment “Park where you bloody well please and you won’t even be fined”.

The police tracked her down within 48 hours and fined her.
If nothing else, the new law has reset law enforcement priorities. If law enforcement is insulted, the perpetrator needs to be tracked down before the trail goes cold.

According to the original report at Petreraldia.com, differing narratives have emerged. One version of the incident says the officer who parked in the handicapped spot approached the photographer and explained the situation, apparently hoping to prevent a disparaging upload. If so, it didn't take. Another version says the uploader called to apologize to the police, presumably to ward off a citation. If so, that didn't take. And yet another version says there was no interaction between police and the photographer until they showed up at her home to hand her a ticket.

What really happened isn't important, because there's the Official Police Narrative. The spokesman for the police informed Petreraldia that "in an emergency" police are allowed to park wherever they want, so as to expedite the apprehension of suspects.

The "emergency" behind this illegal parking job? An "incident of vandalism in a nearby park."

And, of course, the only other official remnant of this one-two punch of exemplary policework is the €800 ticket.

It seems the police -- if they felt so demeaned by the Facebook post (which was swiftly removed by the original poster) -- could have asked for an apology, rather than €800. Or the department could have offered its explanation of the situation (as it did!), rather than fine the citizen. But the law is the law, and as such, must be abused to the fullest extent allowable.

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19 Aug 13:37

Poor But Honest

by accordingtohoyt

When I was in North Carolina, at one time while my dentist was asking me questions while she had both hands and instruments in my mouth, she finished one of my sentences that started with “Oh, we grew up poor” with “But honest” which was not at all what I meant to say.  Oh, we were honest, as in we didn’t steal, but mostly for two reasons: one, grandma would have given us her “more in sorrow than in anger” look, and second, we weren’t conscious of needing anything.

Don’t get me wrong, I was a kid like other kids, and when there was a faddish toy I would drool over it.  But, perhaps because we didn’t have a TV till I was eight, it just never occurred to me that we were poor.  When I was six I asked grandma what we were and she said “We’re not poor, we’re not rich.  We make do.”

That’s about right.  In the same message in which my brother said we’d been poor as Job, he also mentioned we were rich as kings, much richer than we’re now when grandma would objectively describe our lifestyles as “what a luxury” what with running hot water and a bathroom per person in this house right now.

If you just said “Wut?”

Look, the only reason I knew there were people much better off than us is that at 12 mom contrived to have me attend a high school in the “rich” area of town.  (Theoretically, we all lived in a rented room down the street from the school.  In point of fact, mom paid a lady to forward our mail.) For the village we were between middle class and upper middle class.  In fact, when truly rich people came to the village or had their kids visit, I was among the small number of kids invited to play with them.

My childhood is, in point of fact, unclassifiable in US terms.  Sarah C. wrote a thing which I might post later, about all this, about the nostalgie de la bue and saying “but I was even poorer” that goes on on the other side, which quickly becomes “but I drank a cup of cold poison.”  She pointed out anyone born in the US (with the possible exception of Appalachia and other small pockets, such as the one Larry grew up in) was automatically better off than anyone born abroad.  From what I’ve seen, probably still is, except for the very rich.

OTOH the American assumption that those who come from  Latin countries that my dentist reflected must have been starving in tar shacks is almost — almost — infuriating.  The reason it’s not infuriating is that it is so funny.  Built into this is the idea that either Latin people are discriminated against in their own countries (wut?) or that they need leftists to enlighten them and make their lives bearable. Note this doesn’t apply if you come from English Speaking countries, where in point of fact, many people lived like we did when I was a kid, because then, of course, you have privilege, so you couldn’t have been poor-poor.

My delving into my childhood was more to show that I don’t impress conventionally.  And it’s really hard to sell me the Marxist theory of oppression that must be broken by government.

We’ve been damn broke.  And we’ve been enviably rich in many ways.  And we faced “you can’t come in” with “you and whose army”.

I grew up poor by US standards, but everyone was poor.  Okay, not everyone.  I remember going to the architect’s house when my parents were having the house built, when I was 5? 6? and being very impressed at the shiny woodwork.  We lived in a 100 plus year old house and our doors were painted and repainted with thick white paint.

My grandparents owned land and houses (grandma’s dad had bought most of the village before dying young.  He was a cattle dealer.  Yeah, yeah, I have cowboys in my ancestry) but in an era of rent control it didn’t do much, except for the fact we retained “right of cultivation” to a lot of the backyards, (lawn was sort of unknown in our circles) so we could grow twice the potatoes, had a chestnut tree and a lot of vines.

My parents lived extremely tight because dad has a religious hatred of credit.  Not just credit card debt, a hatred he passed on to me, or loans, but of any credit, including mortgage.  The first fifteen years of their marriage (I was born around year ten) were spent saving to buy a house outright.  They didn’t manage it, but built a house with a ten year mortgage.  And after that was paid off, when I was about 16, our lifestyle APPROACHED middle class US.

I still didn’t go to coffee shops as much as my friends, because I had no allowance, and earned my pocket money, but that was good as it saved me from the “coffee and pool” circle who usually repeated every year.

OTOH in my twenties I had some very rich friends who didn’t give a d*mn if they had to pay for me, so I got to vacation in really expensive resorts.  Mind you I came home to mom turning off the hot water (which the new house had) in summer because it was wasteful, but I got to go to places where the British nobility hung out.  And by the time I was in college, I was invited to embassy and consulate parties, due to my grades in foreign languages.  (Italian consulate had the BEST ice cream because most ice cream parlors in Porto were owned by Italians.)

Anyway, the reason for delving into my background was to point out that it rendered me singularly immune to Marxism.

When I was in 10th grade, one of my friends drank the koolaid and disputed with me that my family was upper class.  I asked her how, since her dad — skilled blue collar, manager — made about twice as much as my dad did.  Her sputtering reaction was that my parents were better educated, they had books, they–

They had the markers of upper class in the village.  Though in mom’s case, she was as educated as my friend’s mom, at least formally.  But mom took an interest in world affairs and history (mostly through the radio) while her mom took an interest in gossip and recipes.

I stiffly pointed out to said friend that Marx’s “classes” were economic only.  She didn’t like like.  She is still, I think, communist.  Eh.

My best friend at the time came from hereditary-upper-class meaning that her family had some noble ancestors (oh, who doesn’t in Europe?  Keeping it in their pants just didn’t apply to those people) and a lot of manners and parents who were both educated.  But I used to give her my used sweaters (when we got to the point mom was retired and, I swear, made those for recreation) because her family had 13 kids and therefore were a little tighter than we were with 2.  (Though I’m sure her dad too made more than mine.)

The completely insane background and the fact my dad acted like the dad in Have Space Suit “Dad, I want a radio.” “Go ahead, I have no objections” — Which meant I built one from parts of broken radios in the attic — left me singularly unimpressed by both wealth and poverty.  Later when my brother replaced his crappy and now broken tape player,(which he’d bought with his tutoring income) I bought it off him for 20 escudos and spent more time fixing it than listening to it, until mom got tired of her kitchen table getting used to perform surgery on the beasty and gave me a tape player bought from the smugglers (What?  Well, the shop was in Smuggler street which was a dead give away.  Yep, I grew up in a fantasy town) when I was 19.

I learned there was absolutely no virtue in being poor.  A lot of the truly very poor in the village made more than we did but spent it on either wine or frivolous stuff (mom classified meat every day as frivolous stuff, mind.)

In fact, when government started rendering assistance, most of the welfare cases lived in crappy houses and went through broke periods through what mom called “lack of head.” When they had money they ran through it, then pawned everything the second half of the month.

(Mind you mom thinks I do the same, because while I have two kids in college, I can’t drop 10k to come over with the kids when she wants me to.  To an extent she’s right.  No matter how tight the money, you can plan to make it plenty.  We choose not to live in a tiny apartment with the kids.  OTOH it’s our investment: buying more house than strictly needed, in places headed up and trading up regularly that allowed us to own a house that our peers couldn’t with double the income.  Now if we can sell it and downsize, when we no longer need the space and good schools are of no consequence, we can come close to debt free, which we couldn’t otherwise.)

All of this and dad’s cavalier attitude to anything I wanted to do “I need to go to Germany to improve my German.”  “Go ahead.  I trust you abroad.”  (I got a job as a hotel maid for a summer.) his absolute assumption that if I wanted I could figure out how to do it, and his certainty that he didn’t really care how difficult it wold be to get into college for instance, both of his kids WOULD make to college made me singularly unimpressed by people who complain of micro aggressions and discrimination.

And it made me singularly unimpressed by wealth, too.  My rich friends had it easier, of course, but they were also easily impressed by brands, and they had never had to fight for what they wanted.  If grades didn’t qualify them to enter public — free — college, that was all right.  Mommy and daddy would buy them a spot in the private one.

I think this is why the plot lines that consist of “victim is oppressed and spit upon and dies in gutter/gets bloody revenge” have always bored me.  The idea that you have to “make way” for someone and make their path easy because they’re a one-footed Patagonian Lesbian makes me laugh.

You are a minority/poor/oppressed and want to write science fiction?  Fine, I give you my dad’s answer “Go ahead.  I have no objection.”

You want to feature a minority/poor/oppressed in your story?  Go ahead, I have no objection.  Just don’t make them sad sacks who need the help of the enlightened to get anywhere.  Sad sack characters and ex-machina socialists are BORING.  I don’t care what they taught you in school, getting there on your own is much more fun, both to do and to read about.

This is something the establishment doesn’t get — both the genuine upper class and strivers.  It’s amazing how many of the puppy kickers are in point of fact well off, upper class in the Marxist sense, even if they feel “downtrodden” for whatever reason.  And the rest, the strivers, have adopted the attitudes of the “upper class” and their class-signaling Marxism.  As I said originally, more papist than the pope — It’s something they can’t seem to grasp.

The working class gets rescued by benevolent Marxists (or even attacks academics while drinking gin — good Lord, pull the other one, it plays Elvis) is only exciting to Marxists with messianic illusions.

From the rest of us it elicits a yawn and an itch of the middle finger.

Write people of whatever color, orientation, wealth level you want.  Make them live.  Make them interesting.

We don’t add special points for flagellation of Marxist stereotypes and we do deduct them for predictability.

Or write whatever the heck you want. I mean, the pap has its fans — but it’s not us.

Just don’t demand we doff our hats and bow and scrape and tell you that stuff we don’t like and which is formulaic and poorly written is “of course, better” because it “fights the patriarchy” or whatever other idea you’re obsessed with at the time.

We don’t care.  You’re in an entertainment job.  Your job is to entertain the public.

The public is rarely entertained by lectures.

If it makes you feel better, I’ll make grandma’s face when someone was bragging to her about how special they were, and I’ll say “Oh wow.”

But I still won’t tell you boring stories that conform to whatever the new Marxists are peddling are better.  Learn your craft.  Then write whatever the crap you want.  And let the rest of us write whatever the crap we want.

Go ahead.  we have no objections.


19 Aug 13:09

Lone Star Rail Insanity

by Randal O'Toole
Jts5665

I don't understand the obsession with trains. Particularly in areas where they are among the least efficient, flexible or cost effectives means of solving transportation problems.

Interstate 35 between San Antonio and Austin is congested, so obviously (to some people, at least) the solution is to run passenger trains between the two cities. Existing tracks are crowded with freight trains, so the Lone Star Rail District proposes to build a brand-new line for the freight trains and run passenger trains on the existing tracks. The total capital cost would be about $3 billion, up from just $0.6 billion in 2004 (which probably didn’t include the freight re-route).

Click image to download a PDF version of this map.

By coincidence, that was the projected capital cost for the proposed high-speed rail line between Tampa and Orlando (cancelled by Florida Governor Rick Scott), which are about the same 80-miles apart as Austin and San Antonio. But, despite the cost, Lone Star wouldn’t be a high-speed rail line. According to a 2004 feasibility study, trains would take about 90 minutes between the two cities, with two stops in between. While express trains with no stops would be a bit faster, cars driving at Texas speeds could still be faster.

Lone Star is asking the San Antonio city council for $500,000 to help pay for an environmental impact statement and other studies. Austin has supposedly already agreed to fund its share, though it isn’t in the city’s budget.

Lone Star is promising 32 trains (16 each way) carrying 20,000 riders (10,000 round trips) per day at fares of up to $12. That’s more than 600 riders per train; though some may not go the entire distance, it still seems high. Megabus currently operates three buses a day that take 85 minutes between the two cities at fares of $1.50 to $7.50. It seems likely that if there were 20,000 people per day wanting to pay $12 to take the trip at the same speed, Megabus would find them.

If the goal is to relieve congestion on I-35, two new lanes would probably cost less than a billion dollars and would be capable of moving far more vehicles per day than Lone Star would take off the road. Of course, the highway is probably not congested over the entire route, so two new lanes for the full length probably aren’t necessary. Besides, self-driving cars will probably go on sale and eliminate any need for passenger trains before the first Lone Star train would turn a wheel.

San Antonio Mayor Ivy Taylor, who famously cancelled the city’s even more backwards streetcar project, says that Lone Star isn’t one of her priorities. “There will be benefits from this alternative transit option, but we have to be good fiscal stewards,” she added. Local taxpayers should hope that she and the San Antonio city council can resist the starry-eyed Lone Star plan.

19 Aug 13:05

Quotation of the day on moral busybodies vs. robber barons…. (and self-medication as a basic right)

by Mark Perry

…. is from C. S. Lewis, from his 1948 book God in the Dock: Essays on Theology:

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to Heaven yet at the same time likelier to make a Hell of earth. This very kindness stings with intolerable insult. To be “cured” against one’s will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals.

HT: Nicolas, who provided that quote and wrote the following in the comment section of this CD post about drug use:

“What has to be recognized is that self-medication is a basic right, and moderate drug use is not a moral or medical defect.”

The post Quotation of the day on moral busybodies vs. robber barons…. (and self-medication as a basic right) appeared first on AEI.

19 Aug 13:01

Nutcracker

by Mike

Clark’s nutcracker, Rocky Mountain National Park, September 2, 2009
Clark’s nutcracker, Rocky Mountain National Park, September 2, 2009

18 Aug 20:03

Prosperity Politics

by Don Boudreaux
(Don Boudreaux)

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Even when I disagree with John Oliver’s politics (which is quite frequently), he makes me laugh.  (A steady offering of humor prompts me to forgive lots of sins.)  My son, Thomas, and I roared with laughter yesterday morning as we watched Oliver’s recent smack-down of televangelists who preach something called “the Prosperity Gospel.”  (Warning: Adult language.)  

Until watching Oliver’s video, I was only vaguely aware of this sub-species of scam-artists.  But as I watched this video I kept thinking to myself “These people – these scamming televangelists – remind me of something.  What?  Who?  What???  Who????”  Then it hit me: Politicians!

Most Americans (myself included) – and, most assuredly, all Americans to the left of Mike Huckabee – understandably both laugh at the antics of these televangelical slime balls and shake our heads with a mixture of sorrow and befuddlement that fellow human beings fall prey to their idiotic dupery.  But without claiming that there is a one-to-one correspondence between cosmetics-caked preachers of the Prosperity Gospel and typical politicians crawling the corridors of Washington, DC., I submit that the overlap and similarities between these two types of public pleaders are far greater than most respectable Americans are willing to admit.

According to the Prosperity Gospel (or so I gather), sending money to one of its preachers will, by some mystical force, eventually result in more material prosperity redounding to the benefit of those who heed the call to send money to these con artists.  Of course, the people who send their money to these swindlers are convinced that these swindlers are sincere oracles of a higher power – oracles who tell of a genuinely reliable means of both pleasing the higher power and being rewarded materially for doing so.

Naturally, the only people becoming more materially prosperous through this scam are the swindlers and their entourages.  The poor suckers who fall for the swindlers’ schemes are drained of wealth.  And it is the rare and cold-hearted person who asserts that, because the swindled people should have been smart enough to see through the deceits and illogic of the swindlers, the swindlers aren’t blameworthy.

The parallels between government and these televangelical swindlers are numerous; they’re too numerous even to list in a single blog post.  I’ll content myself here to point out only some of these ominous parallels, which include the notions that:

– sending your money off to other people will result in that money being spent in ways that promote your long-term well-being better than your long-term well-being would be promoted had you spent your money yourself;

– telegenic people speaking into the camera while alluding to mysterious doctrines – and claiming to have special understanding of those mysterious doctrines – are motived chiefly by your best interest as they plead for your money;

– these telegenic people must, of course, fly about in private jets and live luxuriously, for they – unlike you – are tasked with a special responsibility to work for a Higher Good;

– these telegenic swindlers are expert not only at feigning sincere concern for strangers, but also at spinning lies and deceits to explain away the constant failures of their prophesies.

….

One significant difference that notably separates the Prosperity Gospel swindlers from what we might call the Prosperity Politics swindlers is that only the latter have the power to grab the money of people who don’t fall for their deceits.  If the Prosperity Politics swindlers manage to dupe 50% +1 of the voters into falling for their scam, the Prosperity Politics swindlers get to grab the money of not only the people who naively fall for their dupery but also the money of those of us who see such dupery for what it is.

It should at least give pause to those who are enthusiastic about substituting the ‘will of the majority’ for the freedom of each individual to choose to lead his or her life as he or she will to reflect on the fact that the world has no shortage of people who fall for the Prosperity Gospel fraudsters.  Democracy – as opposed to individual freedom – allows people who fall for the Prosperity Gospel to have a say in your life and in the lives of everyone who understands that the Prosperity Gospel is the work of Satan.

18 Aug 13:37

Quotation of the Day…

by Don Boudreaux
(Don Boudreaux)

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… is from page 463 of the 5th edition (2015) of Thomas Sowell’s Basic Economics:

The illusion of investment is maintained by giving the Social Security trust fund government bonds in exchange for the money that is taken from it and spend on other government programs.  But these bonds likewise represent no tangible assets.  They are simply promises to pay money collected from future taxpayers.  The country as a whole is not one dollar richer because these bonds were printed, so there is no analogy with private investments that create tangible wealth.  If there were no such bonds, then future taxpayers would still have to make up the difference when future Social Security premiums are insufficient to pay pensions to future retirees.  That is exactly the same as what will have to happen when there are bonds.  Accounting procedures may make it seem that there is an investment when the Social Security system holds government bonds, but the economic reality is that neither the government nor anyone else can spend and save the same money.

Eighty years ago this month (on August 14th, 1935, to be precise), Uncle Sam foisted on its subjects a scheme that would make Charles Ponzi green with envy.  And to help hide the hideous nature of this spending-other-people’s-money fraud, Uncle Sam maintains a scam called the “Social Security Trust Fund” – which is simply I.O.U.s written by the government to itself.

If you think that the Social Security Trust Fund represents real wealth for the American people held in trust by their agent, the U.S. government, go out right now and hire an agent and give him the following powers:

– he can regularly take a large chunk of your current income and spend it however he chooses on you; but

– for every dollar that he takes from you he must draft an I.O.U. requiring that you will repay yourself that dollar in the future; these I.O.U.s are stashed in a “Trust Fund” maintained by your agent; your agent assures you that this Trust Fund contains enough wealth to enable you to live comfortably in your retirement.

When you retire, you attempt to redeem your I.O.U.s.  Only then, lo and behold!, does the realization hit you that an I.O.U. that you owe to yourself is no wealth at all for you.  Those I.O.U.s are redeemable only if you return to work and then pay yourself, with your income, the value of each of your I.O.U.s.

You’ve been scammed by your agent, although you yourself bear much of the blame for being so stupid as to fall for his misrepresentation.

18 Aug 13:05

School Tried to Expel a Student For Tweeting Two Words About Kissing a Teacher: ‘Actually, Yeah.’

by Robby Soave

KissA Minnesota student who had to transfer high schools to avoid an expulsion for an incredibly short, wholly inoffensive Tweet can sue the district for violating his First and Fourteenth Amendment rights, a federal judge ruled.

The student, Reid Sagehorn, first landed himself in trouble with Elk River School District administrators in January of 2014, according to Education Week. He was asked on an internet message board whether he had made out with a certain 28-year-old teacher at Rogers High School; he tweeted his two-word answer: “actually, yeah.” Sagehorn later claimed that he was joking.

Superintendent Mike Bezek didn’t think the Tweet was funny. Sagehorn was initially suspended for five days. His punishment was then increased to 10 days, but dragged on for weeks. He eventually transferred schools to avoid expulsion.

Sagehorn was an honors student and captain of the Rogers football team before he transferred.

As if the ruin of Sagehorn’s academic life wasn’t enough, Police Chief Jeffrey Beahan told media outlets that the teenager could face felony charges. District officials argued that the tweet was obscene.

That’s utter nonsense, of course. Sagehorn’s mildly suggestive statement about kissing a teacher doesn’t even come close to crossing the line into obscenity territory.

Sagehorn is now suing the school district and police chief. Last week, a federal judge declined to dismiss the suit, ruling that it should proceed. That’s good news for Sagehorn—who will likely be compensated for damages in an eventual settlement—and very bad news for the bullying authority figures who made his life miserable for no good reason. Teens don’t lose the right to say stupid things merely because everything is offensive to edu-crats.

17 Aug 18:31

Germany Says Taking Photos Of Food Infringes The Chef's Copyright

by Glyn Moody

Over the years, Techdirt has had a couple of stories about misguided chefs who think that people taking photos of their food are "stealing" something -- their culinary soul, perhaps. According to an article in the newspaper Die Welt, it seems that this is not just a matter of opinion in Germany, but established law (original in German):

In individual cases, shared pictures may be illegal. At worst, a copyright warning notice might come fluttering to the social media user. For carefully-arranged food in a famous restaurant, the cook is regarded as the creator of a work. Before it can be made public on Facebook & Co., permission must first be asked of the master chef.
Apparently, this situation goes back to a German court judgment from 2013, which widened copyright law to include the applied arts too. As a result, the threshold for copyrightability was lowered considerably, with the practical consequence that it was easier for chefs to sue those who posted photographs of their creations without permission. The Die Welt article notes that this ban can apply even to manifestly unartistic piles of food dumped unceremoniously on a plate if a restaurant owner puts up a notice refusing permission for photos to be taken of its food.

It's sad to see this kind of ownership mentality has been accepted by the German courts. As a Techdirt article from 2010 explained, there's plenty of evidence that it is precisely the lack of copyright in food that has led to continuing innovation -- just as it has in other fields that manage to survive without this particular intellectual monopoly, notably in fashion.

Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+



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17 Aug 00:50

More inexpensive ebook goodies!

by Patrick
Jts5665

This is an entertaining story by one of my favorite authors.


For a limited time, Brandon Sanderson's novella Shadows for Silence in the Forests of Hell is available for only 0.99$ here.

Here's the blurb:

Originally appearing in the Dangerous Women anthology and now available as a solo ebook, Shadows for Silence in the Forests of Hell is a chilling novella of the Cosmere, the universe shared by Brandon Sanderson's Mistborn series and the #1 New York Times bestselling Stormlight Archive.

When the familiar and seemingly safe turns lethal, therein danger lies. Amid a forest where the shades of the dead linger all around, every homesteader knows to follow the Simple Rules: "Don't kindle flame, don't shed the blood of another, don't run at night. These things draw shades." Silence Montane has broken all three rules on more than one occasion. And to protect her family from a murderous gang with high bounties on their heads, Silence will break every rule again, at the risk of becoming a shade herself.
15 Aug 19:29

An Odd Fractal

by Greg Ross

In 1653, Blaise Pascal composed a triangular array in which the number in each cell is the sum of the two directly above it:

In 1915, Polish mathematician Waclaw Sierpinski described an equilateral triangle in which the central fourth is removed and the same procedure is applied to all the succeeding smaller triangles. Perplexingly, the resulting structure has zero area:

https://commons.wikimedia.org/wiki/File:SierpinskiTriangle.PNG

Interestingly, if the odd numbers in Pascal’s triangle are shaded, they produce an approximation to Sierpinski’s triangle:

And as this triangle grows toward infinity, it becomes Sierpinski’s triangle — an arrangement of numbers that takes the shape of a geometrical object.

Please support Futility Closet on Patreon!

15 Aug 15:09

Success Academy Posted Its Latest Test Scores. The Results Are Astounding.

by Jim Epstein

Success AcademyNew York released its annual test scores this week, and Success Academy, the city's rapidly expanding charter school network, posted remarkable results. Again.

Success Academy schools did well in English—68 percent of students were proficient, compared with 30 percent in the city over all—but in math, the scores were astonishing. Ninety-three percent of Success Academy test-takers were proficient in math, compared with 35 percent citywide.

To put that into perspective, of the 1,282 public schools tested, just 12[*] were part of the Success Academy network, or 1 percent of the total. Yet 5 out of the 10 schools that scored highest in math were part of the Success Academy network. Of the 20 schools that did best in math, 9 were part of the Success Academy network. All twelve schools in the network were ranked in the top 40 for math. Results of this sort were unheard of before Success Academy arrived on the scene.

It's clear that Success Academy trounces the vast majority of public schools, but the rankings appear to show it dominating all but the very best. Are Success schools also markedly better than the other schools in the top five percent in New York City?

They are.

I asked statistician Aaron Brown to take a look at the data. He pointed out that a problem with the rankings is that "the chosen metric is so close to 100 percent for top schools that a big difference in ranking can represent a small difference in kids." So it could be that the quality of the education is really no better at Success Academy than at the other top schools.

To clarify what these results really mean, Brown crunched the numbers by putting all the Success Academy students, plus all the kids who go to the top five percent of other schools, in one pot. Then he took a random sample of 3,065 kids to see how they did compared to the 3,065 kids from Success Academy. This exercise is designed to answer the question: What if those Success Academy kids had been distributed among all of the top schools in the city? Would they have done better or worse in math?

Brown found that they would have performed significantly worse: 310 fewer kids would have gotten a level 4 on the exam, the top score. And 203 more kids would have received a 1 or a 2, which are considered to be failing grades. That would have been a tremendous waste of potential.

Of course, this assumes that all of these schools are drawing from the same pool. That's difficult to determine with any certainty, but we know that Success Academy students, who are selected through a random lottery, tend to come from disadvantaged backgrounds. Seventy-seven percent of its students qualify for free or reduced school lunch. Ninety-two percent of test takers were black or Hispanic.

Success AcademyIt's fun to thumb through the data and see how Success schools trounced their counterparts in wealthy zip codes.

Two-bedroom apartments near Brooklyn's P.S. 321 tend to sell for more than a million dollars, in part because parents are desperate to get their kids into the famed Park Slope elementary school. At P.S. 321, 82 percent of test takes were proficient in math this year. That's respectable—56th highest in the city—but well below all 12 Success Academy schools.

At P.S. 87, which is P.S. 321's counterpart on Manhattan's Upper West Side (except the kids are even richer), 80 percent of students were proficient in math. That earned the school 67th place citywide, or well below every Success Academy school.

In an email, Brown noted selection bias might still partially explain Success' scores:

Any school will look good if its students are the brightest poor kids with the most parental support, and even affluent neighborhoods have some challenging kids and problematic parent situations. Still the overwhelming statistical performance of Success Academies versus even the best other New York public schools sets a high hurdle for anyone who wants to attribute the results to selection bias or test defects.

Let's not forget that when Mayor Bill de Blasio (D) was running for office, he told a teachers-union crowd that Success Academy's founder and CEO, Eva Moskowitz, must "stop being tolerated, enabled, supported.”

Last year, I profiled Renee Lopez, a struggling student who was slipping through the cracks at a traditional public school. Then she won a coveted spot at Success Academy and got the help she needed.

For more on Success Academy's political fight with the mayor and the teachers union, watch Reason TV's profile of Eva Moskowitz, which I put together with Nick Gillespie:

[*] There are 32 schools in the Success Academy network, but the state combined 7 middle schools with their accompanying elementary schools in its data reporting. Twelve more schools haven't yet reached grade level to participate in the testing, and one school is a high school, which means students there take a different set of tests.

14 Aug 15:02

Federal Court Puts Limits on Cellphone Tracking

by Steven Greenhut

The GOP debate Thursday set viewership records for an obvious reason: One never knows what Donald Trump, the loose-lipped real-estate mogul might say. But many analysts believe the most significant exchange was when New Jersey Gov. Chris Christie and Kentucky Sen. Rand Paul sparred over warrantless searches by the National Security Agency.

Christie argued for giving officials the "tools" to collect data. Paul shot back: "You get a warrant." The issue centers on the Fourth Amendment, which offers the public protection against "unreasonable searches and seizures." The matter goes far deeper than presidential politics, as such cases wind their way through the courts.

Neither candidate mentioned a relevant federal ruling late last month in the U.S. District Court covering Northern California. Officials sought the right to track suspects' Cell Site Location Information, or CSLI, for 60 days without gaining a warrant. Such location information lets law enforcement track the whereabouts of our cell phones in relation to cell towers.

According to the court, "(m)ost modern smart phones have applications that continually run in the background, sending and receiving data without a user having to interact with the cell phone." This gives investigators a vast amount of information about the people they are tracking.

In its amicus brief calling for the warrant requirement, the American Civil Liberties Union of Northern California quoted from a 2010 federal ruling: "A person who knows all of another's travels can deduce whether he is a weekly churchgoer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individuals or political groups".

Unfortunately, case law over this particular issue of cell phone tracking has been less than clear. Government officials note the wireless companies include disclaimers stating that they might turn over such data to the government, which they believe to be sufficient warning to the public.

The U.S. Supreme Court has dealt with cell phones and privacy, but the CSLI tracking information is a newer matter. Nevertheless, Judge Lucy Koh recounted various federal rulings and found some basic principles apply: Notably, "the expectation of privacy is at its pinnacle when government surveillance intrudes on the home"; long-term surveillance efforts undermine privacy; and cell phones aren't just phones — they "can reveal a wealth of private information about an individual."

The government argued the public can avoid their surveillance by not using a cell phone. But Koh rejected that argument: "Considering the ubiquity of cell phones, and the important role they play in today's world, it is untenable to force individuals to disconnect from society just so they can avoid having their movements subsequently tracked by the government."

She ruled that the government needs a warrant — and not just a court approval, which is based on lower standards of proof. Warrants require probable cause.

In a previous California high-court case, the state's justices had ruled that a cell phone was not fundamentally different from a cigarette pack in granting police officers unlimited power to search them. That was overturned by the U.S. Supreme Court in a 9-0 decision. Obviously, there's a huge difference between searching a cigarette pack for hidden drugs and tapping into all of a person's contacts and databases in a modern cell phone.

Fortunately, as technology advances so too are courts' — and legislatures' — understanding of these matters. "Statutory laws need to be updated for the modern world," said ACLU attorney Nicole Ozer, because "law enforcement is taking advantage of these outdated laws to get information."

When the Legislature returns from session, it will revisit the California Electronic Communications Privacy Act (SB 178), which is moving forward on a bipartisan basis. It sets consistent standards for the government's access of all electronic communications. It specifically addresses the CSLI matter, and would require police agencies to obtain a warrant before tracking Californians' whereabouts via their cell phones.

So clearly the courts and laws are continuing to address the issue, with Koh's ruling the latest example that the Paul position might be winning the day.

14 Aug 14:47

What It Takes for a Judge to Reject a Dog-Authorized Cash Seizure

by Jacob Sullum

Let me start by saying I do not know what Straughn Gorman was doing with $167,070 in cash stashed throughout his motor home, including bundles in the freezer and the microwave. Maybe he really was planning to buy marijuana with it in California, as the cops suspected. But the way they managed to take his money starkly illustrates how law enforcement agencies can conspire to evade constitutional limits with the help of canine accomplices. The forfeiture case, which is documented by dashcam video of two coordinated traffic stops, also shows there still are some limits on cops' license to steal, as long as judges are willing to enforce them.

On the morning of January 23, 2013, Gorman was driving west on Interstate 80 in Nevada when he was pulled over by Trooper Greg Monroe, ostensibly because he was driving too slowly in the left lane. Instead of simply issuing Gorman a ticket or warning and sending him on his way, Monroe asked him about his occupation and destination. Gorman said he worked for a paddle board company on Maui and was on his way to visit his girlfriend in Sacramento. He added that he was thinking about moving to California. Monroe thought those answers were suspicious, so in addition to doing a record check he called for a drug-sniffing dog, but there were no available K-9 units in the vicinity.

Monroe returned to Gorman and told him he was free to go but continued to grill him, asking about his income. Gorman declined to talk about his finances. Monroe asked if there was anything illegal in the motor home and if he was carrying large amounts of cash. Gorman said he had about $2,000. "Do you mind if we search the vehicle?" Monroe asked. "I do mind, yes," Gorman replied. At that point, about 23 minutes after the stop, Monroe reiterated that Gorman was free to go and walked back to his patrol car, saying aloud to himself on the way back, "He's carrying money."

Monroe knew he did not have probable cause to search the motor home, but he was not about to let the Fourth Amendment stop him from taking advantage of a profitable opportunity. He called Nevada Highway Patrol (NHP) dispatch to pass along his suspicions and explain that a dog would be needed to justify a search of Gorman's potentially money-laden vehicle. NHP then contacted Elko County Sheriff's Deputy Doug Fisher to suggest that he and his drug-detecting dog might want to stop Gorman further down the road. Fisher also spoke directly with Monroe, who gave him Gorman's name and license plate number, described the traffic stop, and told him he had to let the motor home go because Gorman would not consent to a search and no drug dogs were available. 

Fisher lay in wait for Gorman about 45 miles west of the first traffic stop and pulled him over again 40 minutes after Monroe let him go, ostensibly because a curtain was obstructing the driver's side window. Gorman complained that he had just been pulled over for 20 to 30 minutes and resisted answering Fisher's questions, saying, "I've been asked a lot of other questions at the other place....Am I getting a ticket? Am I detained?" Fisher said he was being detained for the moment because a record check had no been completed yet. In the meantime, he wondered, would Gorman mind if he walked his dog around the vehicle? "I have opposition, if that means anything," he said. It didn't, because the Supreme Court has said police do not need permission or any special justification to walk a dog around a vehicle during a traffic stop.

Fisher reported that his dog sat down and stared at the motor home's back right compartment, which he described as a clear alert signal. Informed that he would be free to go once his record check was complete but that the motor home would have to stay because the dog had alerted to it, Gorman expressed disbelief. "Did you make him alert?" he asked. "No," Fisher replied. "I did not make him alert." Gorman volunteered to open the back rear compartment, which he said contained "charcoal and stuff like that." He suggested that Fisher "look in it, because there's no drugs." Fisher responded that the dog's alert, regardless of where it happened, gave him probable cause to search the entire motor home.

After Fisher obtained a warrant by phone from a local justice of the peace, he searched the vehicle with help from the dog and another officer. They seized the money, Gorman's laptop, and the motor home, which belongs to his brother. Later the laptop and the motor home were returned, but the Justice Department agreed to adopt the forfeiture of the money, an arrangement under which the feds generally keep 20 percent of the proceeds and leave 80 percent for the local agencies that initiated the seizure.

Monroe and Fisher took full advantage of Supreme Court rulings allowing pretextual traffic stops, routine use of drug-sniffing canines, and dog-authorized searches. But it seems they overlooked what turned out to be an important sentence in Illinois v. Caballes, the 2005 decision in which the Court said cops may deploy dogs at will during traffic stops. "A seizure that is justified solely by the interest in issuing a warning ticket to the driver," the Court warned, "can become unlawful if it is prolonged beyond the time reasonably required to complete that mission." Last April the Court elaborated on that principle in Rodriguez v. U.S., finding that an eight-minute delay for the purpose of facilitating a canine inspection violated the Fourth Amendment's ban on unreasonable seizures. That decision proved to be Monroe and Fisher's undoing.

In a June 12 decision, U.S. District Judge Larry Hicks cited Rodriguez in rejecting the seizure of Gorman's money, saying his detention, which spanned two separate stops, had been unreasonably delayed so that the cops could  find and take the cash. The first stop took 23 minutes, and the dog sniff happened 12 minutes into the second stop. All together, Hicks said, "Gorman was detained for a total of approximately thirty-five minutes without convincing independent reasonable suspicion—before the officers conducted a canine sniff of the motor home and obtained probable cause for the search." He noted that Fisher knew Monroe had already conducted record checks on Gorman but "conducted additional redundant checks in order to prolong the stop to allow for a canine sniff."

Hicks also questioned the breadth of the search, saying "the Court is not convinced that the dog’s positive alert to the compartment gave the officers probable cause to search the entire motor home." He noted that "the officers did not even begin their search of the motor home with the compartment" but instead went directly to the main cabin. Because the unreasonable delay was sufficient reason to throw out the seizure and order the return of Gorman's money, Hicks did not resolve this issue.

Had he not been constrained by the Supreme Court's excessive faith in police dogs and their handlers, Hicks might also have wondered whether the dog's purported alert provided probable cause for anything. Despite the alleged alert, no drugs were found in the compartment that supposedly attracted the dog's attention or anywhere else in the motor home. So what exactly triggered the purported alert? The smell of money? More to the point, how could Monroe and Fisher be confident that a drug-detecting dog would alert to a motor home that they suspected was carrying cash but not drugs?

It's almost as if a dog's alert, which (as Gorman suggested) can easily be invented or triggered by a handler's deliberate or subconscious cues, is nothing but a bullshit excuse for a search that cops are already determined to perform. My former colleague Radley Balko recently noted a federal appeals court case featuring a dog that alerted to 93 percent of the cars it examined. That is not the sophisticated screening device described by the Supreme Court. That is "basically a probable cause generator," as Balko put it. The appeals court, by the way, thought the dog was good enough for government work, although it was wrong four times out of 10 even when examining cars preselected by suspicious cops.

Hicks did not merely throw out the seizure of Gorman's money and question (however tentatively) the magical legal powers of dogs. He also rebuked the federal prosecutors who adopted the forfeiture for trying to conceal the conspiracy between Monroe and Fisher:

The Court is disappointed that the United States would aggressively pursue this forfeiture action while all of its moving documents for summary judgment and supporting affidavits contained material omissions concerning the history leading to the traffic stop and canine sniff at issue. The government’s Motion for Summary Judgment, with supporting affidavits from Deputy Fisher and the Assistant United States Attorney, made no disclosure of anything which would have suggested that Fisher's stop was a follow-up on Monroe's stop and was based upon suspicion of a drug-related offense....

The government's nondisclosure of the information regarding Monroe's initial stop is troublesome for many reasons, but certainly because the relationship between the two stops is so obviously relevant to the legal issues before the Court....

The government has a duty of candor and fair disclosure to the Court. The Court expects and relies upon the United States Attorney's Office to be candid and forthcoming with material information uniquely held only in possession of the government and clearly relevant to central issues before the Court. That did not occur here.

Hicks indicated that Gorman, having successfully challenged the forfeiture, was entitled to have the government cover his legal expenses. According to his lawyer, they total $153,000—almost as much as the amount of money seized from the motor home. That gives you an idea of why so many forfeiture victims give up rather than challenge seizures in court. Unsurprisingly, federal prosecutors do not want to pay Gorman's legal fees, and this week they announced that they plan to appeal Hicks' rejection of the seizure as well.

[Thanks to Chris Reade for the tip.]

14 Aug 13:48

Quotation of the Day…

by Don Boudreaux
(Don Boudreaux)

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… is from page 192 of Karl Popper’s 1969 paper “A Pluralist Approach to the Philosophy of History,” which is a chapter in the 1969 collection Roads to Freedom: Essays in Honour of Friedrich A. von Hayek (Erich Streissler, Gottfried Haberler, Friedrich A. Lutz, and Fritz Machlup, eds.):

[G]etting educated is getting an inkling of the immensity of our ignorance.

14 Aug 13:32

The School Choice Myth That Just Won't Die

by Jason Bedrick

The myth that there’s no evidence that school choice works has more lives than Dracula. Worse, it’s often repeated by people who should know better, like the education wonks at Third Way or the ranking Democrat on the U.S. Senate education committee. In a particularly egregious recent example, a professor of educational leadership and the dean of the University of Wisconsin-Madison School of Education wrote an op-ed repeating the “no evidence” canard, among others:

The committee also expands the statewide voucher program. There is no evidence privatization [sic] results in better outcomes for kids. The result will be to pay the tuition for students who currently attend private school and who will continue to attend private school—their tuition will become the taxpayers’ bill rather than a private one. Additionally, the funds for the expansion would siphon an estimated $48 million away from public schools, decreasing the amount of money available for each and every school district in the state.

It is astounding that a professor and a dean at a school of education in Wisconsin would be unfamiliar with the research on the Milwaukee voucher program, never mind the numerous gold standard studies on school choice programs elsewhere. Fortunately, Professor James Shuls of the University of Missouri-St. Louis and Martin Lueken of the Wisconsin Institute for Law & Liberty set the record straight:

…the Wisconsin Legislature commissioned a comprehensive five-year study by researchers at the University of Arkansas. The research team matched and compared children at private schools in the choice program to similar students at Milwaukee Public Schools. The study concluded that children in Milwaukee who used vouchers were more likely to graduate from high school, enroll in four-year colleges and persist in college.

These findings are very similar to those of “gold-standard” studies done nationwide. Among 13 peer-reviewed studies on voucher programs that use research methods based on random assignment, all but one study concluded that vouchers benefit students (the other was unable to detect an impact). In addition, recent work by a Harvard economist demonstrates that giving low-income families better educational options can help improve social mobility for children.

Just a year and a half ago–in response to yet another school choice denier who should know better–the coauthors of the Milwaukee study clarified that their research found school choice produced “a modest but clearly positive effect on student outcomes.”

First, students participating in the Milwaukee Parental Choice (“voucher”) Program graduated from high school and both enrolled and persisted in four-year colleges at rates that were four to seven percentage points higher than a carefully matched set of students in Milwaukee Public Schools. Using the most conservative 4% voucher advantage from our study, that means that the 801 students in ninth grade in the voucher program in 2006 included 32 extra graduates who wouldn’t have completed high school and gone to college if they had instead been required to attend MPS.

Second, the addition of a high-stakes accountability testing requirement to the voucher program in 2010 resulted in a solid increase in voucher student test scores, leaving the voucher students with significantly higher achievement gains in reading than their matched MPS peers.

Moreover, as Shuls and Lueken note, “private schools in the choice program obtain these results when the government funding for a voucher is 60 percent less than what public schools receive.”

The final two claims by the UW-Madison faculty–that the voucher program benefits students who would attend private school anyway and siphons money from the district school system–also fail to withstand scrutiny. A conservative analysis of the Milwaukee voucher program by Prof. Robert Costrell of the University of Arkansas found that “about 10 percent of low-income voucher users would have attended private school anyway.” The 2009 study also found that the voucher program produced significant savings to the state taxpayers, as shown in the figure below:

Taxpayer Savings from Milwaukee Voucher Program

Chart by Robert M. Costrell.

A Friedman Foundation study released last year found that the Milwaukee voucher program saved the state more than $238 million since its inception in 1990. Moreover, as the Wisconsin Institute for Law & Liberty notes in a recent report, Wisconsin gives a “school choice bonus” to district schools that lose students to the voucher program. Although a district’s total revenue decreases when a student leaves (along with the variable costs associated with that student), the “school districts will actually have more revenue per pupil because the district can continue to count students it no longer educates for equalization aid and revenue limit purposes.”

Sadly, opponents of school choice are likely to continue resurrecting the “no evidence” canard. But when they do, Van Helsings like Shuls and Lueken will be there to put a stake in its heart.

14 Aug 12:39

4gifs: [unedited / video]

13 Aug 22:09

Sesame Street Strikes a Deal with HBO

by Jesse Walker

If PBS doesn't do it, who wi— oh:

Like so many HBO shows, the new Sesame Street will center around a charismatic male lead who is sometimes prone to violent outbursts.Sesame Workshop, the nonprofit group behind the children's television program, has struck a deal with HBO, the premium cable network, that will bring the next five seasons of "Sesame Street" to HBO and its streaming outlets starting this fall.

The partnership will allow Sesame Workshop to significantly increase its production of "Sesame Street" episodes and other new programming. The group will produce 35 new "Sesame Street" episodes a year, up from the 18 it produces now....

Sesame's partnership with HBO comes at a critical time for the children's television group. Historically, less than 10 percent of the funding for "Sesame Street" episodes came from PBS, with the rest financed through licensing revenue, such as DVD sales. Sesame's business has struggled in recent years because of the rapid rise of streaming and on-demand viewing and the sharp decline in licensing income. About two-thirds of children now watch "Sesame Street" on demand and do not tune in to PBS to watch the show.

PBS was not able to make up the difference, so Sesame was forced to cut back on the number of episodes it produced and the creation of other new material.

They looked into a partnership with BBC America, but the channel insisted that the show change its format.That's Emily Steel writing in The New York Times. The HBO episodes will air on PBS later in the year, so they can still be seen by people who can't afford HBO. (This isn't the cable channel's first excursion into Muppetdom, by the way: Back in the '80s, it was the American home of Fraggle Rock.)

Bonus link #1: Here's a piece I wrote to mark Sesame Street's 40th birthday, focusing on the ways the show emerged from "a full-blown collaboration between commercial showmen and social engineers." Among other things, I pointed out that "Public broadcasters today react to any threat to their funding by raising the possibility that Sesame Street would be forced to fend for itself. But if there's anything on PBS that can cover its costs independently, it's Sesame Street."

Bonus link #2: Ah, but what about shows that don't feature beloved puppets? In this article I looked at three ways public TV and radio programs can support themselves without federal sponsorship. (I should also note the considerable amount of money PBS stations could make if they participate in the FCC's spectrum sale next year—a prospect that would take away some of their footholds on the traditional TV dial, but could give producers considerable resources with which to fund programming on other platforms.)

13 Aug 19:36

Yelp Doesn't Delete Negative Reviews Its Sponsors Don't Like -- It Merely Hides Them So They Won't Ever Be Viewed

by admin

Update:  This post may be unfair, as discussed here.  I am not fully convinced, though.

I won't repeat what I wrote before, but several months ago I wrote a long article about my suspicions that Yelp was using its review recommendation system to disappear reviews its corporate sponsors and their attorneys did not like.   My evidence was based on my actual experience writing a detailed, fact-based negative review of an insurer, only to have it disappear from the site and be left out of the insurer's overall score.

It took me a long time to find the review, along with dozens of others, in a purgatory of "not recommended" reviews reachable from a near invisible link that doesn't even look like a link.  I won't retype the whole post but my evidence was in part:

  • Yelp says it is sending reviews to not-recommended purgatory because they are of lower quality or have reviewers with less reviewing history on Yelp.  But a scan of the reviews in my case showed no such pattern.  Not-recommended reviews were at least as (and arguably more) detailed than recommended reviews, and there was no discernible difference in reviewer experience.  The not recommended reviews were also no less moderate, as there was immoderate language (and horrible grammar) in accepted reviews while there were calm and reasoned reviews that were rejected.
  • What the not-recommended reviews had in common was that they tended to be more negative on average than the recommended ones (which is hard to do because the recommended reviews average to about 1.5 stars)
  • Looking at several local independent restaurants, I saw no or few not-recommended reviews and pages and pages of recommended reviews, a ratio that was reversed for the major insurer which presumably has far more resources to intimidate or buy off Yelp.  For the insurer, there were two not-recommended reviews for every one recommended one.
  • I knew this insurer to be willing to litigate against bad reviews, since they have sued me for libel to remove my review.  Presumably, they would not hesitate to threaten Yelp as well.
  • Yelp already has a review quality system driven by upvoting by customers based on the usefulness of the review.  So why the need for an entirely parallel review-rating system unless that rating system was for an entirely different purpose than quality control.

Yelp got a lot of grief a while back accusing it of deleting reviews, so its CEO has pledged on multiple occasions that it doesn't do so.  I believe them.  Instead, it looks like Yelp disappears reviews in a way that the CEO can truthfully say they were not deleted, but they are for all intents and purposes invisible to the public.

Anyway, all this was spurred by the following trailer sent to me with this article from a reader.  Apparently a film called Billion Dollar Bully is being made about Yelp, and from the hints in the trailer it appears that they will be taking on many of the issues I listed above and frankly have only been able to guess at rather than prove.  Brava!

13 Aug 13:29

Spin Cycle: Carbon Dioxide Is NOT “Carbon Pollution”

by Patrick J. Michaels, Paul C. "Chip" Knappenberger

The Spin Cycle is a reoccurring feature based upon just how much the latest weather or climate story, policy pronouncement, or simply poo-bah blather spins the truth. Statements are given a rating between 1-5 spin cycles, with less cycles meaning less spin. For a more in-depth description, visit the inaugural edition.

President Obama is keen on calling carbon dioxide emitted from our nation’s fossil fuel-powered energy production, “carbon pollution.” For example, last week, when introducing EPA’s Clean Power Plan—new regulations limiting carbon dioxide emissions from the power plants that currently produce 67 percent of the country’s electricity—he used the term “carbon pollution” ten times. For example:

Right now, our power plants are the source of about a third of America’s carbon pollution. That’s more pollution than our cars, our airplanes and our homes generate combined. That pollution contributes to climate change, which degrades the air our kids breathe. But there have never been federal limits on the amount of carbon that power plants can dump into the air. Think about that. We limit the amount of toxic chemicals like mercury and sulfur and arsenic in our air or our water – and we’re better off for it. But existing power plants can still dump unlimited amounts of harmful carbon pollution into the air. [emphasis added]

Clearly, he is trying to paint a picture for the American public whereby carbon dioxide emissions are thought of as dirty, noxious substances that invade the air we breathe and make us sick. Who wouldn’t support regulation to try to limit such a menace?

But, this is scientifically inaccurate and, no doubt, intentionally misleading. It reflects poorly on the president and on his scientific advisors.

First and foremost, carbon dioxide is a colorless, odorless gas that is non-toxic to humans at concentrations below some tens of thousands of parts per million (ppm). The current carbon dioxide concentration in the atmosphere is 400 ppm and even worst case projections by the end of the century only put the concentration at 800-1000ppm. This is still some 5-6 times below the government’s recommended exposure limits. No one breathing open, well-mixed air* has ever been sickened from breathing carbon dioxide—nor ever will be.

Secondly, far from being sickened, the planet’s plant life is invigorated by carbon dioxide—the more the merrier. High concentrations (~1,000ppm) of carbon dioxide are routinely used in commercial greenhouses to produce faster growing and more robust plants. Scientific studies have shown that as carbon dioxide concentrations rise, plants become more resilient to environmental stressors, more efficient in their use of water, and more productive. A recent estimate has pegged the economic contribution of human carbon dioxide emissions to date, acting via increased crop production, at $3.2 trillion over the past 50 years and estimates an additional $10 trillion by mid-century. Pretty good for a “harmful” pollutant.

Thirdly, referring to carbon dioxide as “carbon pollution” is just plain scientifically inaccurate.

A carbon dioxide molecule is made up of two atoms of oxygen and one atom of carbon. Under the president’s apparent logic, wouldn’t it be twice as apt to term carbon dioxide “oxygen pollution”? But, we think, everyone would agree that would be deeply misinformative. So, too, everyone should agree, is applying the term “carbon pollution.”

In fact, carbon pollution already exists—it is more commonly called “soot,” the tiny elemental carbon particles that result from incomplete combustion. Soot is black, dirty, and oily, and not only makes an environmental mess, but is also dangerous to breathe. It is just what you expect a “pollutant” to be. And, it is already highly regulated by the EPA. So Obama’s statement that “existing power plants can still dump unlimited amounts of harmful carbon pollution into the air” is factually incorrect.

And finally, the carbon dioxide emitted from power plants is part and parcel of the chemistry of combustion. It is not some sort or gas or particle that is produced as a result of impurities in the fuels and can be separated from the process—it IS the process. Adding heat to hydrocarbons, such as fossil fuels (like coal, natural gas, or oil) in the presence of oxygen starts a chemical reaction that releases more heat (in excess of what was original applied) along with carbon dioxide and water (CO2, and H2O)**. Consequently, the power plants that the President refers to as being able to “dump unlimited amounts of harmful carbon pollution into the air” aren’t so much polluting as simply doing their job, the one that we ask of them—to produce the power that drives modern society and our way of life.

By calling carbon dioxide emissions “carbon pollution” President Obama and his EPA seek not to be scientifically accurate, but rather to sway public opinion in support of voluminous regulations aimed to restrict energy choice, not only here, but through his leadership aspirations, abroad (e.g., at the upcoming UN climate conference this December in Paris). For this, we award him 2.5 spin cycles—somewhere between Slightly Soiled and Normal Wash—in other words, the standard modus operandi of the federal government.

*There have been documented, although quite rare, occurrences of sudden carbon dioxide outgassing events associated with volcanic activity that have led to high fatalities in affected areas.

** In fact, it is similar to the process your body uses to power itself (in this case metabolism rather than combustion), breaking apart carbohydrates into carbon dioxide and water and liberating energy. Just as power plants emit H2O and CO2 into the air, so do you. The biggest difference, from a climate standpoint anyway, is that the carbohydrates you ingest were taken out of the air recently by plants (via photosynthesis), while the hydrocarbons ingested by power plants were taken out of the air by plants millions of years ago (and have been geologically converted and stored in the form of fossil fuels). Consequently, the collective breath of humanity does not lead to a build-up of CO2 in the atmosphere, whereas the collective breath of fossil fuel-powered electricity generating facilities does.

13 Aug 13:21

Letter to Editor PREDICTED COLORADO EPA SPILL One Week Before Catastrophe=> So EPA Could Secure Superfund Status

by CO2Insanity
Jts5665

h/t Remlaps

Letter to Editor PREDICTED COLORADO EPA SPILL One Week Before Catastrophe=> So EPA Could Secure Superfund Status. Typical Obama administration. If there isn’t a problem, create one so you can use it to get your way.

12 Aug 15:41

Denver D.A. Charges Another Activist for Promoting Subversive Ideas

by Jacob Sullum

Last week I noted that Denver District Attorney Mitch Morrissey had charged a local activist, Mark Iannicelli, with seven felonies for the constitutionally protected activity of distributing pamphlets on jury nullification outside a courthouse. This week Morrissey announced the same jury tampering charges against Eric Brandt, Iannicelli's accomplice in this dastardly exercise of First Amendment rights. On July 27, Morrissey says, Brandt joined Iannicelli in "staffing a small booth with a sign that said 'Juror Info' in front of the courthouse and provided jury nullification flyers to jury pool members." The flyers reportedly included "All You Need to Know About Jury Nullification," produced by Jury Box, and "Your Jury Rights," produced by the Fully Informed Jury Association (FIJA). Morrissey warns that Brandt "remains at large," adding that "anyone with information about Brandt is encouraged to contact local law enforcement." Stop him before he informs again!

The statute under which Iannicelli and Brandt are charged makes it a Class 5 felony, punishable by one to three years in prison, to "communicate with a juror" outside of judicial proceedings with the intent to influence the juror's "vote, opinion, decision, or other action in a case." But judging from Morrissey's allegations, Iannicelli and Brandt did not do that. The statement of probable cause against Iannicelli, which FIJA obtained and posted along with other documents related to the case, says "several jurors were contacted by Denver Police Intelligence Unit and found to be in possession of fliers handed out by the defendant." The criminal complaint lists seven charges of jury tampering, each tied to a specific "jury pool member" who received a flyer. (The names are blacked out.) Although the probable cause statement mentions that "a death penalty case [this one] was underway" at the Lindsey-Flanigan Courthouse when Iannicelli and Brandt were handing out flyers, there is no allegation that they were trying to sway jurors one way or another in any particular case. They were merely distributing general information about the rights and responsibilities of jurors. If Colorado's jury tampering law sweeps as broadly as Morrissey claims, it is plainly unconstitutional.

In 2012, as I mentioned last week, a federal judge in New York threw out a jury tampering indictment against Julian Heicklen, an activist who did almost exactly the same thing that Iannicelli and Brandt are accused of doing. U.S. District Judge Kimba Wood noted that a broad reading of the federal statute, which includes intent language similar to Colorado's law, would raise serious First Amendment problems "because of its potential to chill speech about judicial proceedings." She said "the relevant cases establish that the First Amendment squarely protects speech concerning judicial proceedings and public debate regarding the functioning of the judicial system, so long as that speech does not interfere with the fair and impartial administration of justice." This principle, she concluded, requires a distinction between "efforts to influence the outcome of a case" and "the broad categories of journalistic, academic, political, and other writings that discuss the roles and responsibilities of jurors in general"—precisely the distinction that Morrissey is ignoring by prosecuting Iannicelli and Brandt.

While posing as a guardian of fair and impartial justice, Morrissey is seeking to imprison a couple of local gadflies because their message offends him. It's no mystery why prosecutors do not like the idea of jury nullification, which invites jurors to acquit lawbreakers if they believe the law or its application is unjust. Morrissey may sincerely believe that venerable doctrine is bad for the criminal justice system, but that does not give him the right to lock up people who advocate it.

If Morrissey thought prosecuting people for promoting subversive ideas would win him praise, he may be mistaken, judging from the reader comments below The Denver Post's story about the charges against Brandt. While one reader calls Brandt "another fine upstanding example of the lunatic fringe," the rest are unanimous in condemning Morrissey's blatant assault on First Amendment rights:

"This is a free speech issue about a fundamental element of the judicial system..."

"We have gone way too far when there are criminal charges for merely passing out literature!"

"The district attorneys who have caused charges to be filed and a man to be arrested for engaging in protected political speech—that is, educating people about [what he believes are] the rights of jurors—are engaging in a criminal conspiracy to deprive the speakers of their civil rights. 

"So this guy handing out pamphlets represents a 'clear and present danger'?...[Morrissey's] willingness to suspend 1st amendment principles to pursue a vendetta against a man whose only power is his voice is sickening." 

After Judge Wood dismissed U.S. Attorney Preet Bharara's charges against Julian Heicklen, NYU law professor Rachel Barkow told The New York Times, "I don't think sensible prosecutors should have even brought this case." Morrissey seems determined to follow Bharara's foolish, unconstitutional example.

11 Aug 19:50

Augur May Become the Greatest Gambling Platform in History. Is There Anything the Government Can Do to Stop It?

by Jim Epstein

Sports betting in Vegas |||An online gambling platform could do to the neighborhood bookie what electric refrigerators did to the ice delivery man.

Coming this fall, Augur will allow participants to wager money on any future event of their choosing. Software will set the odds, collect the bets, and disperse the winnings. The price alone should give Nevada sportsbook operators pause; an estimated one percent of every pot will go to keep the system running. The average vig today is about 10 times that.

Augur isn't a full-fledged casino. You can't play roulette or poker, and running lotto on the platform would be tricky. But it'll be great for sports betting.

Here’s what’s truly novel about Augur: It won’t be controlled by any person or entity, nor will it operate off of any one computer network. All the money in the system will be in Bitcoin, or other types of peer-to-peer cryptocurrency, so no credit card companies or banks need to be involved. If the system runs afoul of regulators—and if it’s successful, it most certainly will—they'll find that there's no company to sue, no computer hardware to pull out of the wall, and no CEO to lockup in a cage.

This is new legal territory. If Augur catches on as a tool for betting on everything from basketball games to stock prices, is there anything the government can do to stop it?

Augur is a decentralized peer-to-peer marketplace, a new kind of entity made possible by recent breakthroughs in computer science. The purpose of these platforms is to facilitate the exchange of goods and services among perfect strangers on a platform that nobody administers or controls. Augur’s software will run on what’s known as a “blockchain"—a concept introduced in 2008 with the invention of Bitcoin—that's essentially a shared database for executing trades that's powered and maintained by its users.

Bitcoin’s blockchain was designed as a banking ledger of sorts—kind of like a distributed Microsoft Excel file—but Augur will utilize a groundbreaking new project called Ethereum that expands on this concept. Ethereum allows Augur's entire system to live on the blockchain. That means the software and processing power that makes Augur function will be distributed among hundreds or thousands of computers. Destroying Augur would involve unplugging the computers of everyone in the world participating in the Ethereum blockchain.

If Augur is destined to become the cypherpunks answer to gambling prohibition—the betting man’s version of the online drug market Silk Road if you will—you'd never know it from talking with its developers. They work for a San Francisco-based nonprofit, attend conferences, have legal representation, and talk openly about what they’re up to with reporters. Augur even commissioned one of those cheesy motion graphics promotional videos favored by new tech startups.

About half of the roughly $600,000 raised by Augur's development team comes from Joe Costello, the successful tech entrepreneur who was once Steve Jobs' top pick to become the CEO of Apple.

Joey Krug, a twenty-year-old Pomona college dropout and Augur's lead developer, never uses the world “gambling" to describe his venture. He and his team of five employees call Augur a “prediction market,” a term that emphasizes the information generated when a bunch of people have a financial incentive to feed their expertise into a sophisticated algorithm.

With Augur, as bettors move money in and out of the pot, the odds adjust. This yields publicly available statistics that should carry weight because they're derived from the opinions of a crowd of people with a stake in the results. InTrade, for example, the best-known prediction market until federal regulators forced it to stop serving U.S. customers in 2012, beat the pollsters and pundits by foreseeing the outcome of the 2008 presidential elections in 48 out of 50 states.

Joey Krug, Augur's lead developer.Augur’s developers hope that their platform will make it possible to do a Google search to look up the likelihood of some future event. This could usher in a better world, with more informed policy decisions and less malinvestment.

But Augur also serves the less high-minded—though no less noble—purpose of providing cost savings and convenience to gamblers. Restrictions on gambling serve to protect government revenue at the betting man's expense. State-sanctioned casino operators pay high taxes, and state-run lotteries fleece their customers. But there's no logical or moral case for government restrictions on gambling, since no third party is harmed when consenting adults wager money on the future. Augur actually has the potential to make the world safer by taking away market share in the gambling industry from criminals.

And yet sports betting is illegal in most states, and prediction markets are tightly regulated by the Commodity Futures Trading Commission (CTFC). The agency sued Ireland-based InTrade in 2012 to prevent it from accepting bets from U.S. customers. (The company folded shortly after.) In 2013, the CFTC and the Securities and Exchange Commission (SEC) jointly sued the prediction market Banc de Binary for allowing U.S. customers to make bets on commodity prices.

The CFTC has approved other prediction markets, such as the New Zealand-based PredictIt, but only after it agreed to abide by the agency's restrictions.

Krug says the Augur team is planning to meet with CFTC staff go over how their system works before it’s launched, but says he's not overly concerned. “Our friends in Washington, D.C. say the CFTC will probably just dismiss Augur and say it’s not a big deal,” Krug told me in a phone interview.

That doesn’t sound like much of a legal strategy, but how do you have a legal strategy when you're building something unlike anything that's ever existed? Federal anti-gambling laws, such as the 2006 Unlawful Internet Gambling Enforcement Act, target the companies that facilitate online betting— website operators, credit card companies, banks—not individual gamblers.

Augur’s biggest legal vulnerability is the community of human “reporters” who are needed to settle bets on the platform, says Cardozo Law School's Aaron Wright, who is writing a book about the legal implications of blockchain technology. Let’s say a group of people wager money on Augur over the outcome of a boxing match. Once the bout is over, human participants (who receive a portion of the trading fees as compensation) must report the outcome to the system before Augur’s software will disperse the money to the winners. "There’s at least an argument that the people doing that reporting are aiding or abetting unlicensed options and could be prosecuted," says Wright.

But Augur doesn't collect personal information on any of its users, so identifying these people could be difficult. And Augur is a borderless technology, so U.S. gamblers could simply rely on foreigners to report on the outcomes of their bets.

One attorney I spoke with suggested that the team that’s building Augur could be brought up on charges for aiding and abetting a criminal conspiracy. Nate Cardozo, a staff attorney with the Electronic Frontier Foundation, thinks that's far-fetched but says he can't rule it out. Cardozo emphasizes that writing open source software doesn’t necessarily protect the team from prosecution.

“We’ve taken the steps that we need to take in order to bracket the individual's risk and the organization’s risk,” says Augur’s attorney, Marco Santori, who declined to comment further on exactly what those steps might entail.

Even if Krug and his colleagues were to face criminal prosecution, the technology would live on. After Augur is born into the world, the development team could release a software update that would cripple the system. But in that case, Augur's users could band together to block any changes to the underlying code, or another developer could copy the open source code and simply re-launch the platform. 

The big question with Augur—and with blockchain platforms more generally—is whether they can outrun our regulatory state long enough to grow so large and popular that they're truly unstoppable. My money’s on Augur in that race.

For more on the promises and pitfalls of decentralized peer-to-peer marketplaces, read my recent Reason magazine feature story on the topic.

11 Aug 19:46

No on Phoenix Prop 104: The Promised Benefits Are Almost Certainly Grossly Exaggerated

by admin

A reader sent me this:  A recent McKinsey study looked at large infrastructure projects (over $1 billion).  In the introduction they observe:

Rail projects, for example, go over budget by an average of 44.7 percent, and their demand is overestimated by 51.4 percent.

We actually can combine these two numbers and find that the total cost per user of these systems was over-estimated by 117%, meaning the cost per user was on averagemore than double what was promised when these projects are sold to the taxpayers.

At the end of the day, the first segment of the line cost $75,000 per round trip daily raider.  We could have bought every regular rider a prius and a lifetime of gas and still saved money.

11 Aug 15:22

There's Hope America: Anchor Walks Off Live TV, Refuses To Report On Kardashians

by Tyler Durden

Is the distracted citizenry beginning to wake up? We can only hope so. Giving hope to Americans everywhere, after covering the usual local news, Orlando-area news anchor John Brown was transitioning into a segment about one of the Kardashian daughters recently naming her new pet rabbit "Bruce," he stood up and walked off set exclaiming, "I am having a good Friday, so I refuse to talk about the Kardashians today, you are on your own, Amy. I can’t do it." As the program’s co-host storms off set, he can be heard off-screen shouting, "I’ve had enough Kardashians. I can’t take any more Kardashian stories on this show." A message many may start to heed...

 

See full clip here...

 

As TheAntiMedia.org reports,

How many people do you know that would agree with the following statement? “I’ve had enough of the Kardashians…I’m sick of this family! (They’re) a non-story!” I believe most of us, including myself, would shout “amen” at the top of their lungs like it’s a Sunday in the South if we heard someone in the media utter those words. Well, get ready to holler.

 

The above exclamations are actually direct quotes spoken by Orlando-area news anchor John Brown during a live broadcast of “Good Day Orlando” on Friday.

 

After covering the usual local news, the show began to transition into a segment about one of the Kardashian daughters recently naming her new pet rabbit “Bruce.” (Just typing that sentence made me want to launch my fist into the computer screen where my pupils are currently fixated. Rest assured, I’m still typing, so I obviously mustered up all of the self-control in my being and refrained.) That’s when Brown interrupted the correspondent reporting the “story” in mid-sentence:

 

“I am having a good Friday, so I refuse to talk about the Kardashians today,” said Brown. “You are on your own, Amy. I can’t do it.”

 

As the program’s co-host storms off set, he can be heard off-screen shouting, “I’ve had enough Kardashians. I can’t take any more Kardashian stories on this show.”

 

After a replacement anchor rushes in to fill the void left on the morning show’s couch, the fed-up Brown — whose microphone stays on despite walking off set — can be heard continuing his rant away from the cameras: “I don’t care about this family. I’m sick of this family. It’s a non-story!”

 

The initial member of the news team that introduced the story agreed with Brown’s sentiments, but continued to talk about the Kardashians anyway.

 

Brown later posted video of his outburst on Facebook, saying, “Sorry I lost my mind a bit, although it was partially in jest!... I did feel better though after I was done though.”

 

All-in-all, I would say Mr. Brown kept his composure and handled the situation better than most people given the task of reading celebrity gossip disguised as news for a living.

*  *  *

11 Aug 15:00

The Obama Administration’s War on the Press Could Become a Touch More Literal

by Scott Shackford

Something about creating a monster ...It's well documented that President Barack Obama's administration has been brutal in targeting whistleblowers who leak information to the press. The Department of Justice has spied on the Associated Press and Fox News to track down sources of information. It has slid down the World Press Freedom Index to 49th place, lower than several African and South American countries.

Now a new Pentagon document, a Law of War Manual, states that journalists can be treated like "unprivileged belligerents," which is apparently the new term for "unlawful combatants," which some may recall was the new term for "suspected terrorists."

According to some media coverage of the manual, military leaders are insisting they're not declaring that journalists are the enemy. Rather they're pointing out that journalists just might be the actual enemy, as in terrorists, spies, and propagandists posing as journalists.

The Committee to Protect Journalists, however, is concerned that the vagueness of the manual will give clearance to the military to detain and harass journalists with very little evidence that they're doing anything but honest reporting:

This broad and poorly defined category gives U.S. military commanders across all services the purported right to at least detain journalists without charge, and without any apparent need to show evidence or bring a suspect to trial. The Obama administration's Defense Department appears to have taken the ill-defined practices begun under the Bush administration during the War on Terror and codified them to formally govern the way U.S. military forces treat journalists covering conflicts.

The manual's impact overseas, especially in the short run, may be even worse. The language used to justify treating journalists as "unprivileged belligerents" comes at a time when international law for conflict is being flouted by armed groups--including government, militia, and insurgent forces--from Ukraine and Iraq to Nigeria and the Congo--and during a time in which CPJ has documented record numbers of journalists being imprisoned and killed. At a time when international leadership on human rights and press freedom is most needed, the Pentagon has produced a self-serving document that is unfortunately helping to lower the bar.

And the bar is apparently already pretty low:

The U.S. military has taken action against journalists before. Bilal Hussein, whose photo of insurgents firing on U.S. soldiers in Fallujah in 2004 helped earn Associated Press photographers, including Hussein, the Pulitzer Prize, was detained by Marines in 2006 and held for two years. The U.S. military never provided evidence or an explanation for the detention of the AP photographer, who was presented with CPJ's International Press Freedom Award in 2008.

Sami al-Haj, an Al-Jazeera cameraman, was detained in December 2001 by Pakistani forces along the Afghan-Pakistani border while covering a U.S.-led offensive against the Taliban in Afghanistan. U.S. military forces accused the Sudanese cameraman of being a financial courier for armed groups and assisting al-Qaeda and extremist figures, but never provided evidence to support the claims, CPJ found in its 2006 report "Sami al-Haj: The Enemy?" Al-Haj, who is now is head of the human rights and public liberties department at Al-Jazeera, was held for six years at the U.S. military base in Guantanamo, Cuba. Prior to releasing him, U.S. military officials tried to compel al-Haj to agree to spy on Al-Jazeera as a condition of his release, his lawyer, Clive Stafford Smith, told CPJ and media outlets.

The New York Times' Editorial Board came out swinging against this new manual this week:

The manual's argument that some reporting activities could be construed as taking part in hostilities is ludicrous. That vaguely-worded standard could be abused by military officers to censor or even target journalists.

Equally bizarre is the document's suggestion that reporters covering wars should operate only with the permission of "relevant authorities" or risk being regarded as spies. To cover recent wars, including the civil war in Libya in 2011 and the war in Syria, reporters have had to sneak across borders, at great personal risk, to gather information. For the Pentagon to conflate espionage with journalism feeds into the propaganda of authoritarian governments. Egypt, for instance, has tried to discredit the work of Western journalists by falsely insinuating that many of them are spies.

Even more disturbing is the document's broad assertion that journalists' work may need to be censored lest it reveal sensitive information to the enemy. This unqualified statement seems to contravene American constitutional and case law, and offers other countries that routinely censor the press a handy reference point.

The manual has an odd disclaimer that it may not necessarily reflect the views of the "government as a whole." But at this point, it should hardly be a surprise if it did.

11 Aug 14:46

Kaibab Squirrel

by Mike

Kaibab Squirrel, North Rim, Grand Canyon National Park, Arizona, October 4, 2011
Kaibab squirrel, North Rim, Grand Canyon National Park, Arizona, October 4, 2011

Kaibab squirrel (Wikipedia)

The Kaibab squirrel (Sciurus aberti kaibabensis) is a tassel-eared squirrel that lives in the Kaibab Plateau in the Southwest United States, in an area of 20 by 40 miles (30 by 60 km). The squirrel’s habitat is confined entirely to the ponderosa pine forests of the North Rim of Grand Canyon National Park and the northern section of Kaibab National Forest around the town of Jacob Lake, Arizona.

This squirrel is not found anywhere else in the world. In 1965, 200,000 acres (800 km²) of Kaibab squirrel habitat within Grand Canyon National Park and Kaibab National Forest were declared the Kaibab Squirrel National Natural Landmark.

11 Aug 14:24

China Slashes Costs for American Consumers

by admin

My headline is probably the most accurate description of how China's devaluation of the yuan yesterday affects this country.  But I bet you will not see it portrayed that way in any other media.  What you are going to see, particularly as the Presidential election races heat up, are multiple calls to bash China in some way to punish it for being so generous to American consumers.  Why?  Because the devaluation of the yuan will negatively affect the bottom line of a few export sensitive companies.  And if we have learned anything from the Ex-Im battle, things that GE and Boeing like or hate are much more likely to affect policy than things that benefit 300 million consumers.  Make no mistake, protectionist measures are the worst sort of cronyism, benefiting a few companies and workers and hurting everyone else (look up concentrated benefits, dispersed costs).

By the way, aren't the worldwide competitive devaluation sweepstakes amazing?  If everyone is doing it, then devaluations have no substantive effect on trade (except to perhaps decrease its magnitude in total), which just adds to the utter pointlessness of the game.  And it is hilarious to me to see US elected officials criticizing China for "manipulating" its currency, as if the US Fed hasn't added several trillion dollars to its balance sheet over the last few years in a heroic attempt to manipulate the value (downwards) of our own currency.

11 Aug 13:59

Texas Cops Sexually Assault Another Motorist in the Name of Pot Prohibition

by Jacob Sullum

What is it with Texas cops and roadside vaginal searches? Last May I described three strikingly similar cases in which Texas troopers fruitlessly looked for marijuana in the private parts of women pulled over for minor traffic offenses. The incidents were outrageous enough to inspire a new law requiring a warrant for such searches, which takes effect on September 1. That is too late for Charnesia Corley, a 21-year-old woman who was sexually assaulted in the name of pot prohibition by Harris County cops on June 21, just two days after Gov. Greg Abbott signed the law aimed at stopping this sort of abuse.

The Houston Chronicle reports that Corley was pulled over by a Harris County sheriff's deputy for allegedly running a stop sign around 10:30 p.m. Claiming to smell marijuana in her car, the deputy searched it for nearly an hour but found no contraband. Returning to his patrol car, where Corley had been sitting in handcuffs, the deputy said he smelled marijuana again. He called for a female deputy to conduct a body cavity search. The female deputy ordered Corley to bend over in the parking lot of a gas station and pulled down her pants. When Corley objected, according to her lawyer, the deputy threw her to the ground and held her there until another female officer arrived to help with the search. The two of them held Corley's legs apart, probing her vagina and anus.

"All I could do was lie there helpless," Corey told KTRK, the ABC station in Houston. "I feel like they sexually assaulted me. I really do. I felt disgusted, downgraded, humiliated." KTRK says the deputies "found .02 ounces of marijuana"—that's two hundredths of an ounce, or about half a gram. The report does not specify where this terrifying vegetable matter was located. According to KTRK, "deputies say she consented to the search," which presumably explains why she had to be handcuffed and forcibly restrained. Correspondent Kevin Quinn notes that Corey was charged with resisting arrest as well as marijuana possession (both misdemeanors), which seems inconsistent with the claim that she willingly cooperated in her own violation.

"What these officers did out there at the Texaco station was unconscionable," Corley's lawyer, Sam Cammack, told the Chronicle. "I've worked many big cases, and I've never seen that." Cammack told KTRK "it's undeniable that the search is unconstitutional." Rebecca Robertson, legal and policy director at the ACLU of Texas, concurred. "A body cavity search without a warrant would be constitutionally suspect," she told the Chronicle. "But a body cavity search by the side of the road...I can't imagine a circumstance where that would be constitutional."

Even more strikingly, Robert Goerlitz, president of the Harris County Deputies Organization, told the Chronicle roadside cavity searches are contrary to department policy, which says such searches should be performed at a substation following an arrest. "I can't really say I've ever heard of that happening before," he said. "That's kind of shocking to me." That's right: The president of the union representing Harris County sheriff's deputies says their search of Corley is "shocking." But according to KTRK, "Harris County Sheriff's spokesperson Thomas Gilleland said the deputies did everything as they should."

Unfortunately, the case law in this area is not quite as clear as Cammack and Robertson imply. Although the Supreme Court has never approved warrantless strip searches of people who are not in custody or crossing a border, the Texas Court of Criminal Appeals has said a body cavity examination may be permitted as a "search incident to arrest" in settings other than a jail or police station. In that case the search followed the arrest and occurred in "a secluded area" of a fire station—not in public on the side of the road, a location that makes the search more humiliating and therefore less likely to be deemed "reasonable" under the Fourth Amendment. Corley's ordeal also differs from that case in that it involved physical contact, as opposed to a visual inspection, and was not based on specific information indicating that she had a habit of hiding drugs inside her body.

Still, Texas cops were confused enough on this question that state legislators decided it was necessary to specify that "a peace officer may not conduct a body cavity search of a person during a traffic stop unless the officer first obtains a search warrant pursuant to this chapter authorizing the body cavity search." What's amazing is that even though the governor had just signed that bill, which was unanimously approved by the legislature in response to cases that attracted national attention, the deputies who assaulted Corley thought there was nothing wrong with what they did, and a spokesman for their employer is still defending it.

[Thanks to Maia Szalavitz for the tip.]

10 Aug 16:17

The Uphill Battle to Reduce the Size of Government

by admin

Last year, when Congress did a 1-year renewal of legislation governing public recreation and fee policies (FLREA) they left out a tiny provision that discouraged government agencies from taking back tasks they had privatized.  With that gone, parts of the USFS immediately began to move to bring certain operations back in house, even when doing so required that they both spend more tax money AND reduce services levels to the public.  Such is the strength of incentives in any government bureaucracy to expand their scope, staffing, and budget, even when it makes no sense for the public.

This week in an article at PERC, I tell one such story in depth. Here is an excerpt:

Consider one example: The Tahoe National Forest in California recently took the operation of some of their parks out of private hands, ending a nearly 30-year partnership with one of our competitor companies.

Did the Forest Service do it to save money? The private concessionaire operated entirely with the user fees paid by visitors, using no taxpayer money, and even paid rent back to the government. The agency’s in-house operating plan for running these campgrounds requires at least $2 million in taxpayer money over the next five years to supplement user fees.

Did they do it to improve service? The private concessionaire employed more than 60 paid workers living on site, with managers who worked weekends and holidays. The Forest Service plan calls for half this number of paid employees, and none will live on site or work weekends—the busiest time for recreation.

Did they do it to address some egregious for-profit abuse? The agency is actually planning to replace dozens of paid private workers with volunteers. At the same time that the federal government is mandating higher minimum wages for campground concessionaires, the Forest Service is replacing paid workers with unpaid labor.

Did the Forest Service do it to keep user fees low? The original stated reason for kicking out the private operator was the concessionaire’s request to increase user fees in response to recent increases in California’s minimum wage. In the end, however, the Forest Service raised fees even higher than those proposed by the concessionaire.