Free Markets, Free People

rights

Is A Man’s Home Still His Castle?

Originally posted at the Washington Examiner on August 28, 2010. Some edits have been made to the original article.

It’s an enduring doctrine in America that one’s home is off limits to prying eyes and ears, and can be defended to the death if necessary. It’s not strictly true, of course, and certain states have eroded the doctrine to a gossamer wisp of the core idea. Yet, we tend to operate on an almost instinctual presumption that, when we are on our own property, we are kings and queens of the castle.

Felicia Gibson clearly adhered to this principle, and it’s landed her in serious legal trouble (via Glenn Reynolds):

The resisting-arrest conviction last week of Felicia Gibson has left a lot of people wondering. Can a person be charged with resisting arrest while observing a traffic stop from his or her own front porch?

Salisbury Police Officer Mark Hunter thought so, and last week District Court Judge Beth Dixon agreed. Because Gibson did not at first comply when the officer told her and others to go inside, the judge found Gibson guilty of resisting, delaying or obstructing an officer.

Gibson was not the only bystander watching the action on the street. She was the only one holding up a cell-phone video camera. But court testimony never indicated that Hunter told her to stop the camera; he just told her to go inside.

Taking video of police stops is becoming more common with the ubiquity of cell-phone cameras and the like, and so is the backlash from law enforcement as has been amply covered by people like Glenn Reynolds (the famous Instapundit) and Radley Balko (from Reason Magazine). From the account given, it appears this why Ms. Gibson was arrested. What makes her case unique, however, is that she was on her own front porch when the encounter took place, and that she was taken into custody on a charge of “resisting arrest.”

Salisbury Police Chief Rorie Collins explained the North Carolina statute, under which Gibson was charged, as this:

“This crime is considered a Class 2 misdemeanor and involves:

“Any person who shall willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of his office.

“Obviously, this charge is rather broad and can encompass many different types of actions that are designed to, or serves to hinder a law enforcement officer as he/she performs their duties.

“This charge is most commonly used in situations where a person who is being arrested refuses to cooperate and either passively or aggressively resists an arrest or tries to run away.

“Another very common situation in which this charge is used involves instances when an officer is conducting an investigation and the individuals with whom he/she is dealing provide a false identity when required to identify themselves.

“As you can imagine, there are also many other circumstances in which this charge would be appropriate.”

Chief Collins wouldn’t comment on the specifics of Gibson’s case, but did allow that, in general one does have the right to observe a police stop from one’s own property. He also seemed to suggest that a charge of resisting arrest may still be appropriate in a situation where bystanders refuse to obey police commands to exit the area for their own safety.

“However, just as with many other scenarios, it is important to remember that every situation is based upon its own merits/circumstances. There are some circumstances in which the police who have stopped the vehicle in front of your house may determine that it is in the interest of safety (the officer’s, yours or the individual stopped) to require that folks move. As with other circumstances, it is best advised that an individual merely obey by the officer’s commands.”

Perhaps on a public street the Chief might have a point, in that a colorable argument could be made that the police are charged with protecting the safety of the public highways and byways, even where the only danger is self-imposed.

But to arrest someone who is unmistakably on their own property, and doing nothing remotely illegal, is an abuse of power pure and simple. Even if it were true that Gibson was endangering herself by witnessing the traffic stop from the confines of her front porch, how could that possibly be construed as “resisting arrest” or “obstructing the police” without eviscerating everything that the concept of private property (not to mention plain old individual rights) stands for? Taking such a risk is not illegal. Doing it while occupying one’s homestead should be recognized as unassailably within one’s rights.

Since it appears that neither the police nor the district attorney’s office can be shamed into refraining from such power abuses, perhaps it will take a fat lawsuit for violations of Gibson’s (et al.) constitutional rights to get their attention.

The castle walls may be crumbling and decayed, but the invaders can be fought back and the walls rebuilt.

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DISCLOSE act defeated … for now

But Chuck Schumer is promising a “flurry of votes” on the bill until it finally passes.  Republicans held solid on this attempt to get around the Supreme Court ruling that found the former campaign finance bill unconstitutional on 1st Amendment grounds.

Senate Democrats were only able to muster their 59 votes, which, of course has Ezra Klein and others calling for an end to the 60 vote Senate rule for cloture.

I say the act is defeated for now for a reason.  And that reason, as usual, is Olympia Snow (R-ME):

Olympia Snowe (Maine), whose vote was closely watched on the issue, said the bill wasn’t in a position yet where she could support it.

Key word is “yet”.  The promise in that word is Democrats can do something that will put her in a position to support it.

But back to Schumer.   He, of course, claims the “health” of our democracy rests on its passage.  Actually the health of our democracy rests on removing Senators like him from office, but here’s his statement:

"It’s the amount of money, not who you are, that is affected. And so we’ve seen a campaign of desperation, of full muscle, to try to do everything they can to stop this bill because they realize, as already in some campaigns we have seen, how this will fundamentally change the balance of American politics," he said. "It will make the average citizen feel more and more remote from his or her government. It will hurt the fabric of our democracy."

I would posit that the average citizen couldn’t feel more remote from the government than they do now, and this bill’s passage or non-passage has absolutely zero to do with that. 

In fact, the average citizen finds the more and more it hears from Senators like Chuck Schumer and sees them in action, the more that citizen realizes that they have little use for the Constitution – except to wrap themselves in it when it is politically expedient to do so – and will take every opportunity to attempt to insert government control where that document promised government wouldn’t be allowed.

It isn’t refusing to limit the 1st Amendment that’s damaging to the “fabric of our democracy”, it’s Senators and other lawmakers who attempt to do it that are the threat.

~McQ

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Trying to justify taxing “caloric sweetened beverages”

Or as you know them, soda’s, energy and sports drinks and fruit juices.

The USDA has gotten in the act – all in the name of science and health, of course – and has offered it’s opinion on the matter.  Linked is the report summary.  Here is what they found:

• A tax-induced 20-percent increase in the price of caloric sweetened beverages could reduce net calorie intake from all beverages by 37 calories per day for the average adult. The effects for children were estimated to be larger—an average reduction of 43 calories per day.

• By assuming that 1 pound of body fat has about 3,500 calories, and assuming all else remains equal, the daily calorie reductions would translate into an average reduction of 3.8 pounds over a year for adults and 4.5 pounds over a year for children.

• The weight loss induced by the tax could reduce the overweight prevalence among adults from 66.9 to 62.4 percent and the prevalence of obesity from 33.4 to 30.4 percent. For children, the at-risk-of-overweight prevalence would decline from 32.2 to 27.0 percent and the overweight prevalence would decline from 16.6 to 13.7 percent.

Let me summarize – a 20% tax would reduce consumption of these beverages enough to take “37 calories a day” out of your diet.  That resulting net loss of 37 calories would average 3.8 pounds for year and take the overweight population from 66.9% to 62.7%.

Really?  37 calories a day – the amount of calories you burn getting off your fat behind and walking to the fridge for another soda?  Overweight people normally ingest more calories a day than they burn.  And that caloric intake is usually well over 2,000 calories a day.  37 calories?  That’s a third of a granola bar, for heaven sake.

This is science?

Oh, wait – a couple of qualifiers:

1. A large group of individuals are overweight or obese by only a few pounds, and a small reduction in calorie intake could change their weight classification; and

2. Many overweight and obese Americans consume large amounts of caloric sweetened beverages. For example, 10.6 percent of overweight adults consumed more than 450 calories per day from caloric sweetened beverages— nearly three times the average amount of 152 calories consumed by adults.

And, of course, it is the job of government to help tax these people into a new weight classification?  Well of course it is – Congress just gave themselves the power to make it their business.

Of course this 37 calorie drop a day assumes that a) overweight people won’t change a thing other than dropping the consumption of “caloric sweetened beverages”, b) won’t attempt to fulfill their desire for sugary food with something else or c) won’t grudgingly pay the tax and continue their consumption habits .   The further assumption, of course, is they’ll lose the weight as a result of the negative incentive provided by a 20% tax.

Not only are these people marginal scientists, they seem to know very little about human nature.  On top of that, they certainly don’t seem to understand the political blowback something like this is likely to have. 

But, just the fact that the USDA is dabbling in studies about taxing sugary drinks should tell you all you need to know about the continued intrusive depths to which government now plans to go to regulate everything in your life. 

Freedom means the freedom to succeed and to fail.  It means as long as  you aren’t violating or intruding on someone else’s rights, you can pretty much do whatever you want – to include get fat on sugary drinks.  What it doesn’t mean is some outside agency deciding what is or isn’t good or healthy for you and deciding to tax you into the behavior it deems proper.

But that’s precisely what this “study” is all about.

Freedom is becoming a rare commodity in this land, and we need to understand that and fight against any and all attempted intrusions no matter how trivial or seemingly well intentioned.  Allowing the incremental encroachment of government in all areas of our lives is the sure way to kill freedom and put us well on the road to serfdom.

~McQ

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SCOTUS – Miranda means you have to say "yes" to silence

The Supreme Court decided yesterday, in a narrow vote, that if you want to remain silent – and stop police from peppering you with questions – you have to say you wish to remain silent (and thereby legally end the police questioning).

Our newest Supreme Court Justice, Sotomeyer, dissented saying this ruling “turns Miranda upside down.”

“Criminal suspects must now unambiguously invoke their right to remain silent — which counterintuitively requires them to speak,” she said. “At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so. Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded.”

That’s what happens when the word “right” is thrown around haphazardly as it is in today’s culture. What Sotomeyer is attempting to do (and what the court has done in the past) is imbue a legal privilege with the mantle of “right”. Telling someone they have the option of remaining silent has nothing to do with a right. It is a privilege our legal system has granted to those who’ve been arrested so they won’t incriminate themselves mistakenly.

There’s nothing wrong with requiring an acknowledgement that they wish to invoke the privilege of silence. There is likewise nothing wrong with assuming they aren’t invoking it by their silence. They must speak when they’re asked if they understand the Miranda warning, and they must speak to acknowledge their desire for a lawyer. There’s certainly nothing wrong with speaking to say you are invoking the legal privilege of silence.

It’s an “opt in” situation (just as speaking up for a lawyer). Otherwise, police are free to assume that privilege isn’t being used and can continue to try to question the suspect.

I see no right – in real terms – violated by this ruling. And I assume that the Miranda warning will be modified to say that the person arrested must clearly state they choose to be silent and that will be recorded or attested too. The simplest way is verbally followed up by a standard form invoking the privilege and signed by the defendant. I don’t see a problem there.

BTW, Elaina Kagen, now a SCOTUS nominee, had this to say about the case to the court as solicitor general:

“An unambiguous-invocation requirement for the right to remain silent and terminate questioning strikes the appropriate balance between protecting the suspect’s rights and permitting valuable police investigation.”

I agree.

~McQ

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The “right” to health care

One of the things I most admire about Walter Williams is his ability to succinctly state a point. In this case the point is about the false assertion that health care is a “right”. The primary argument against such a “right”:

True rights, such as those in our Constitution, or those considered to be natural or human rights, exist simultaneously among people. That means exercise of a right by one person does not diminish those held by another. In other words, my rights to speech or travel impose no obligations on another except those of non-interference. If we apply ideas behind rights to health care to my rights to speech or travel, my free speech rights would require government-imposed obligations on others to provide me with an auditorium, television studio or radio station. My right to travel freely would require government-imposed obligations on others to provide me with airfare and hotel accommodations.

This is the argument that the left tries to wave away. They do so on various grounds. “Well, it’s the humane thing to do”. Or, “we’re a better society than one which lets people go uninsured”. Or, ‘we owe it to the less fortunate”. Always the imperial “we” in which they decide to force an obligation on others using the power of government. And it all stems from a basic misunderstanding of “rights”.

No “right” as defined by the Constitution (a statement of law) or Declaration of Independence (a statement of philosophy undergirding our country’s law) impose obligations on others for their exercise. What they do impose is a responsibility of non-interference which allows others to exercise their rights. But, as Williams points out, the “right” to health care does impose an obigation on others for that person to exercise their “right”:

Say a person, let’s call him Harry, suffers from diabetes and he has no means to pay a laboratory for blood work, a doctor for treatment and a pharmacy for medication. Does Harry have a right to XYZ lab’s and Dr. Jones’ services and a prescription from a pharmacist? And, if those services are not provided without charge, should Harry be able to call for criminal sanctions against those persons for violating his rights to health care?

You say, “Williams, that would come very close to slavery if one person had the right to force someone to serve him without pay.” You’re right. Suppose instead of Harry being able to force a lab, doctor and pharmacy to provide services without pay, Congress uses its taxing power to take a couple of hundred dollars out of the paycheck of some American to give to Harry so that he could pay the lab, doctor and pharmacist. Would there be any difference in principle, namely forcibly using one person to serve the purposes of another? There would be one important strategic difference, that of concealment. Most Americans, I would hope, would be offended by the notion of directly and visibly forcing one person to serve the purposes of another. Congress’ use of the tax system to invisibly accomplish the same end is more palatable to the average American.

Disguising it doesn’t change the fact that an obligation is being forced on others for the exercise the “right” of health care. The point, of course, is calling something a “right” doesn’t make it a “right” simply because one wishes it to be – not if you understand what a right is and what it means. Instead of a “right” it should be called what it is – a coerced obligation imposed by government. Calling it a “right” is simply an artifice used to try to make the coercive use of force more palitable.

~McQ

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Challenging licensing laws

What do doctors and florists have in common in the state of Louisiana?  Both have to be licensed by the state.  That’s right – the person who preforms heart surgery on you and the person who arranges the flowers you get afterward both have to meet licensing requirements set by the state.

A 7-decades-old state law requires florists to pass a test and get a license to arrange and sell flowers, making Louisiana the only state in the USA with such a requirement. Supporters of the law say it ensures florists know what they’re doing and deliver quality products.

“Know what they’re doing and deliver quality products?” I thought the market, i.e. customers, usually rewarded or punished those in that profession who didn’t “know what they’re doing and [don’t] deliver quality products”.

So is this licensing requirement a) rational b) necessary and even c) constitutional? What it certainly is, though, is a bar to entry into the market imposed by government.

The arguments about licensing in general fall on two sides. Some see no reason to license anything – the market will sort out the good from the bad. Those that approve of licensing argue than in many cases lives and health are at stake and, in such cases, it is the role of government to step in and ensure those who pursue those professions are competent enough to do so.

Arranging flowers certainly doesn’t seem to fit the category of a risk to either the life or health of their clients.

What it certainly does is limit those who can enter the market. First, it imposes a $2,000 licensing fee. That will obviously keep a certain percentage who might otherwise become florists from attempting it because they don’t have the money. Certainly that might be a small percentage and you can make the argument that anyone who can’t afford the fee probably can’t afford to be a florist, but is that your or the state’s call? Instead it is an artificial barrier to entry in the market arbitrarily imposed by the state.

And, usually, when such a bar to entry is evident, you’ll find businesses who’ve met the bar to be the most ardent of supporters. Why? Because it is an artificial means to limit competition. For instance, this case:

The test to obtain a Louisiana florist license consists of an 80-question written exam and a four-part hands-on section, where aspiring florists are scored on how well they put together funeral wreaths, table bouquets and other arrangements, said Mike Rome, vice president of the Louisiana State Florists’ Association, which supports the law.

On the written exam, candidates are asked questions about floral arranging and flowers in general, including how to prolong the life of flowers, wiring methods and plant identification.

In the design section, the aspiring florists have four hours to arrange four designs: a wedding arrangement, corsage, funeral wreath and table bouquet.

Judges then score the designs using guidelines such as “Has the design the proper focal point?,” “Is the correct gauge wire used on flowers?” and “Is a corsage pin attached to the corsage in a way that will not injure anyone?”

Candidates are judged by a panel of three licensed florists. The average score of the written and floral arrangement sections needs to be 70% or higher to pass. The arrangements are judged more on technical competence than creativity, Rome said.

“The florist license gives the consumer a little more assurance that you get a quality product,” Rome said. “Florists are artists; they’re very opinionated. But sometimes you have to follow industry standards.”

“Industry standards?” What “industry standards”. Louisiana is the only state in the union that licenses florists. So whatever standards are imposed by a rather biased group, who apparently brook very little deviation from whatever arbitrary standards they’ve dreamed up, have control over who or who doesn’t join them in that state’s florist market.

As John Stossel reminds us:

Established businesses have always used government to handcuff competition. Years ago, small grocers tried to ban supermarkets. A&P was going to “destroy Main Street,” the grocers cried. Minnesota legislators responded to their lobbying by passing a law that forbade supermarkets to hold sales. Consumers were hurt.

And that is the result of this legal travesty.

As it turns out, 4 would-be florists have taken the requirement to court:

A lawsuit filed in U.S. District Court here last week is challenging the law’s constitutionality, claiming it infringes on a resident’s right to earn a living. The suit, filed by the Institute of Justice, a libertarian non-profit law firm based in Washington, D.C., lists as plaintiffs four local florists who have either failed the test or refuse to take it.

“Who is the state to tell me I’m not an artist?” said Monique Chauvin, 42, a plaintiff in the lawsuit.

Chauvin, owner of Mitch’s Flowers in New Orleans, failed the test in 2000 and has not retaken it. “It’s time for this archaic law to be off the books,” she said.

Chauvin, who has apparently owned a successful florist business in New Orleans for 10 years is defacto proof that the requirement is unnecessary. She’s obviously been successful enough in the marketplace (i.e. her customers find her floral arrangements satisfactory enough to keep her in business – even in a recession) without licensing to stay open for 10 years.

So, why is Chauvin bringing a lawsuit now? Enforcement:

Chauvin said her legal fight is about keeping her shop open through the economic recession. She now has two options: hire a licensed florist or take the test again. If not, she’ll be forced to close her shop.

The market, not a state panel, should be the final judge of her bouquets, she said.

“If a customer is not happy with what we do, he’s not going to come back to me,” Chauvin said. “That should be the quality control.”

Exactly. So in answer to the three questions above – a) it’s not rational.  It imposes arbitrary requirements as well as artificial bars to entry on a profession which threatens neither life or health. b) it’s not necessary. Consumers don’t need government “protection” from florists. and c) it’s most likely not constitutional since most would agree it interferes with a person’s fundamental right to earn an honest living in profession which doesn’t threaten life or health.

Of course, my use of the words “life or health” imply I find the licensing of those who work in professions that can have a detrimental effect on life or health, such as the medical field, to be ok.  Well, yes and no.  I think, for instance, a market solution is possible for those professions as well.  Think, for instance, if the American Medical Association, instead of being a shill for government health care reform, was a body that set minimal professional standards for the medical profession and anyone seeking membership had to demonstrate competence enough to meet those standards.   If you were seeking out a doctor, most likely your first question would be “is he (or she) a member of the AMA?”  And, in this day and time, you’d most likely be able to access an AMA data base to check doctor’s out before going to them.  And your insurance carrier would certainly require you use such a doctor, wouldn’t it? In fact,  you’d likely be leery of any doctor that wasn’t a member.  Same solution as now exists done on a voluntary basis without government intervention. And certainly there might be other associations that would form which would also lend credibility to a doctor’s abilities than just the one.

Would the AMA have a reason to assure its members met their standards and continued to meet them?  Of course it would.  It’s very existence would depend on it, as would the credibility of every one of it’s members.

Of course that’s all been rendered moot by government deciding it should be the final arbiter in that regard.  But it is food for thought, isn’t it?

~McQ

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History Is A B*tch

Why?  Because history is what it is and resists attempts to rewrite it for political reasons.

A week or so ago, I pointed to an attempt by Ezra Klein to change the history of the Civil Rights bill of 1964 by claiming that the Democratic Senators in the South were a “third party” with which the real Democrats formed a coalition. Of course, as I pointed out, that’s pure nonsense.

Today we see an attempt to whitewash the same period in history. In an article in The Hill, J. Taylor Rushing discusses the latest attempt by the Senate majority (the Republicans talked about it when they were in the majority as well) to do away with the filibuster. Tom Harkin (D-IA) will introduce a bill to take away the minority’s power to filibuster. Of course, it takes 67 votes to change that rule, something highly unlikely to happen.

But within Rushing’s story where the history of the filibuster was being recounted, I noticed this sentence:

In the 20th century, Southern senators used it to block civil rights legislation supported by a majority of the Senate.

Here, let me fix that so it accurately reflects what happened:

In the 20th century, Southern Democratic senators used it to block civil rights legislation supported by a bi-partisan majority of the Senate.

Al Gore, Sr. Robert Byrd. Richard Russell. William Fullbright. Etc. All staunch Democrats – never anything else. All filibustered the Civil Rights act of 1964 as Democrats.

There is no chance that the Senate filibuster is going to be ended by Harkin’s bill. And there’s equally no chance that I’m going to let any attempts to whitewash this portion of history escape my attention.  The conventional wisdom about which party is the friend of civil rights is a myth.  And I intend to take every opportunity availed me to point to the actual history of that event, not the contrived one.

~McQ

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More Stupid Journalist Tricks

This quote from the NYT‘s Robert Frank is enough to cause any half-way intelligent person apoplexy [HT: Ramesh Ponnuru]:

Anti-tax zealots denounce all taxation as theft, as depriving citizens of their right to spend their hard-earned incomes as they see fit. Yet nowhere does the Constitution grant us the right not to be taxed. Nor does it grant us the right to harm others with impunity. No one is permitted to steal our cars or vandalize our homes. Why should opponents of taxation be allowed to harm us in less direct ways?

Oh, Jeez. Correcting all of the problems with this statement could fill volumes, but at its core is this mind-numbingly stupid assertion: “Yet nowhere does the Constitution grant us the right not to be taxed.

That’s right, genius, it doesn’t. Wanna know why? Because nowhere does the Constitution grant us any rights, you imbecile! That’s not what the Constitution is about or for. It doesn’t grant us the right to free speech, or to bear arms, or to due process, or to be secure in our possessions and properties. It doesn’t even grant anyone the right to vote. What it does is protect those individual rights, all of which existed prior to the Constitution even being contemplated. Which, incidentally, was the point to having a government in the first place (and not to use the state’s police powers to dole out goodies to favored constituencies, as seems to be all the rage nowadays).

Indeed, the only thing that Constitution does grant is limited powers to the federal government, all other powers being reserved to the States or the people (see Amendment X to that Constitution you are blathering about).

Accordingly, your argument is not just “insane”, to use Mr. Ponnuru’s term, it is also fundamentally misinformed. In the future, should find the need to expound upon the foundation of our government and/or its relation to individual rights, perhaps you should educate yourself about those concepts first.

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Say “No” To Secret Treaties – Especially This One (update)

Corey Doctorow at Boing Boing has gotten a leaked copy of what is characterized as a “secret treaty” – secret because of so-called “national security” implications (secrecy, as we were told during the last election, is the first refuge of tyrants). In fact, it is a copyright treaty alleged to be a part of the Anti-Counterfitting Trade Agreement. Doctorow distills the treaty’s salient points as he understands them:

* That ISPs have to proactively police copyright on user-contributed material. This means that it will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn’t infringing will exceed any hope of profitability.

* That ISPs have to cut off the Internet access of accused copyright infringers or face liability. This means that your entire family could be denied to the internet — and hence to civic participation, health information, education, communications, and their means of earning a living — if one member is accused of copyright infringement, without access to a trial or counsel.

* That the whole world must adopt US-style “notice-and-takedown” rules that require ISPs to remove any material that is accused — again, without evidence or trial — of infringing copyright. This has proved a disaster in the US and other countries, where it provides an easy means of censoring material, just by accusing it of infringing copyright.

* Mandatory prohibitions on breaking DRM, even if doing so for a lawful purpose (e.g., to make a work available to disabled people; for archival preservation; because you own the copyrighted work that is locked up with DRM).

I’m assuming “DRM” stands for Digital Rights Management.

Read each of those points carefully. If accurate these measures would effectively shut down much of the internet and certainly, at a minimum, change the way political blogs function. And there is no question, given the onus being put on ISPs by this treaty to police copyright infringement, that they would err on the side of caution.

This is being negotiated right now in Seoul, Korea by the administration (and, as this Canadian blogger points out, these provisions are being pushed by the US) which so derisively trashed the “Patriot Act” during the presidential campaign. As Doctorow points out, it’s draconian provisions leave ISPs with little choice but to take down anything about which there is even a hint of doubt.  “Chilling effect” doesn’t even begin to describe the effect of such a treaty on free speech.

As for the transparency promised by this administration, this, among a mountain of things since it has taken office, apparently doesn’t fit that category.  Being negotiated away in secret is  your ability to access the internet and speak out if there’s even a hint (proof is not necessary) that copyrighted material is included in your piece.

Sound reasonable?  Or are you still a bit of a traditionalist and want to see legal due process and the presumption of innocence remain as the first line defense of your rights? If you enjoy the ‘net as it stands now, you need to speak out against this obvious attempt to control speech.  Treaties, even secret ones, still have to be ratified by the Senate.  The way to stop this one is to make it not so secret and demand that the Senate vote it down.

UPDATE: Reason’s Jesse Walker:

As the Anti-Counterfeiting Trade Agreement enters its sixth round of secret negotiations, rumors are emerging about the provisions under discussion. The Electronic Frontier Foundation has posted the reports it has heard here; if the leaks are true, the treaty will be filled with measures that, in EFF’s words, “have nothing to do with addressing counterfeit products, but are all about imposing a set of copyright industry demands on the global Internet.”

See Michael’s discussion about “corporatism”.  It’s like slipping an amendment to build a museum to Ted Kennedy into a defense appropriations bill – hide the desired but unpopular special interest legislation in a more popular and necessary bill.

~McQ

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Costa Rican President Wants To Change The Constitution Too

As you recall when Honduras invoked its Constitution and kicked out its sitting president for violating it, President Oscar Arias of Costa Rica stepped forward and volunteered to act as an intermediary to help settle the “crisis”.

It was, apparently, only a “crisis” to those outside Honduras and now we’re beginning to understand why. It seems Arias wasn’t at all the honest broker everyone thought he was. Cato@Liberty reports:

President Oscar Arias of Costa Rica has joined the trend in Latin America of calling for a new constitution that would expand executive powers and get rid of “unnecessary checks” on the president’s authority. Although Arias has less than 9 months left in office and can’t run for reelection, his brother and current minister of the presidency — a primer minister of sorts — has openly said he’s interested in running for president in 2014. A new constitution with expanded executive powers would fit him just fine.

But Arias is also apparently at war with the media which to this point is still free and able to oppose the changes for which Arias is calling. The Arias argument against the media sound very familiar:

However, the most disturbing aspect of Arias’ call was his harsh criticism of the media. Borrowing from the script of Rafael Correa in Ecuador and Hugo Chávez in Venezuela, Arias described news outlets as “corporations interested in making a profit” that don’t necessarily pursue the “public good.” He asked the media to “tone down” its criticism of government officials, and said that journalists “should understand their role within a higher framework.” He complained that news outlets claim to represent the public interest, without any control or accountability.

This is precisely the formula followed by the new leftist despots in Central and South America. Use the system to subvert the system and expand the executive’s power to a defacto dictatorship. The first step, of course, is to rewrite the country’s constitution to abet their grab for power. And, of course, along the way it is critical that they silence and then control the media.

This formula isn’t a hard one to discern, and the the result is obvious. Despotic governments imposing ruinous socialism while a muted press is powerless to do anything about it.

And where is the US is all of this? Busily engaged in undermining the one government, Honduras, which has actually stepped up to thwart the formula and enforce its constitution.

As Ed Morrisey asks:

The US should be on the side of self-determination and the rule of law. Instead, we’ve ended up on the side of power-grabbing future despots and potential ruling cliques of nepotism. How did this happen, and why hasn’t the national media shined its light on Arias’ interests in this dispute? Could it be that it would make Obama look like a bumbling fool on the international stage — or worse?

Good questions with no easy answers. However, one has to wonder why the media hasn’t gotten into the details of what is happening in Honduras and why it is so heavily opposed by the players in the region, such as Chavez, Ortega and Correa. There’s an unacknowledged revolution going on which is neither good for the people of the region nor good for the US and we seem to be not only blind to the fact, but implicitly and perhaps unknowingly aiding it. And now we find Arias too is a player.

Honduras is the only country in the region saying “no” to the trend and they’re under increasingly heavy fire to give in. In fact reports now say the Obama administration is contemplating cutting off foreign aid to Honduras unless they reinstall Mel Zelaya in the presidency. The willing ignorance the US is displaying concerning the problem in Honduras cannot be seen as anything but pandering to the likes of Chavez, Correa and Castro. It certainly isn’t based in respect for a nation’s laws and their right to self-determination – and that certainly makes the Obama administration look foolish on the international stage.

~McQ

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