Law


Policy Soup

Steve at Begging to Differ rolls out a pretty important idea:

He’s right, but then, sometimes regulatory chaos is a good thing. State-level law is a primordial policy soup, subject to the Darwinian pressures of elections and lawsuits. Good ideas adapt and propagate. Bad ones wither and die. It’s messy. It’s chaotic. It’s perplexing and unwieldy, but it’s a glorious disaster. It’s democracy. And it works.

I’m not going to bite on the It’s democracy bit but it can work and is a good reason to subject most, if not all federal law, to some slash and burn activity.

For that matter the largest geopolitical level this chaos should operate at is probably a city or county level.


Disengaging From the Drug War

Earlier this month the King Count Bar Assocation (WA) held a drug policy conference titled Exit Strategy for the War on Drugs: Toward A New Legal Framework. In a followup opinion piece Seattle Times editorial columnist Bruce Ramsey wrote that although the conference attendees seemed to agree that the prohibition should end they had some problems with the next step:

Prohibition had failed. Drug laws had not stopped Americans from getting drugs; it simply made them get drugs from criminals. But if not from criminals, then from whom? On marijuana, they could not agree.

Some of the attendees wanted to make sure that the same government that has demonstrated such dramatic failure in the war on drugs was rewarded by having a monopoly on the distribution of marijuana:

The idea of any corporate control is troubling to me,” said Deborah Small, a New York activist who proposed to give marijuana distribution to the government.

Might a government monoply reap monopolistic windfall profits? Well, sure:

Much of the crowd was tolerant of intoxication but not of profit. They would replace police and jailers with doctors and social workers. The Dutch scene, with private-branded marijuana in private-sector cafes, was too commercial for them. Too fun. They would give marijuana oversight to the Washington State Liquor Control Board.
Merrit Long, chairman of that august monopoly, told the conference the state’s profit was $200 million on $600 million of sales.

Heck, even Microsoft doesn’t make that kind of margin. Unless they propose to continue the prohibition on growing marijuana, which doesn’t quite seem like an end of the drug war, then folks will just plant those seeds of BC bud in their gardens and bypass the government monopoly.
Initially the best way to keep corporations out of the business is this: only allow individuals or partnerships to produce, distribute and sell the goods. Over a longer period corporations can be kept out by eliminating the laws that facilitate the existience of the modern corporate structure.
Ramsey closes with this:

But I, too, fall into the trap of looking for a system that would align the rules with what Americans actually do. Americans don’t want that. Drug prohibition reflects our ideal of a sober America, and it is politically impossible to abandon that.
Yet life continues. We legislate nationally and ignore locally. We have our own version of Holland, really, except that ours is harsher than theirs, and does not attract tourists.

Excuse me but whose idea of a sober America? All those folks with their 6-packs and liquor cabinets? Bruce, you’ll have a better chance of convincing us that we have an ideal of sober America when no congress critter drinks, when liquor sales have dropped to nil. Nope, drug prohibition reflects a misuse of government power and the disproportionate power of those who make their livings off the drug war.
Let’s retire all the drug terrorists warriors now!
NB: Well known blogger Mark Kleiman was a participant at the conference.


mcain may be breaking

It looks like mcain may be reaching an unacceptable compromise with bush regarding exemption language in his amemdment barring inhumane or degrading treatment of prisoners:

Instead, he has offered to include some language, modeled after military standards, under which soldiers can provide a defense if a “reasonable” person could have concluded that he or she was following a lawful order about how to treat prisoners.

Hopefully this is not the case. pace got it right a few days ago:

“It is the absolute responsibility of every U.S. service member, if they see inhumane treatment being conducted, to intervene, to stop it,” the general said.
Rumsfeld interjected: “I don’t think you mean they have an obligation to physically stop it; it’s to report it.”
But Pace meant what he said. “If they are physically present when inhumane treatment is taking place, sir, they have an obligation to try to stop it,” he said, firmly.

This damn well better apply to every human being no matter who they work for.
Following orders is never an excuse for for inhumane behavior. Though it might be possible to consider a slightly less excruciating punishment for a perpetrator following orders than that given to one acting on their own or to the one who gave the orders.
Via Talkleft.


Role of the Courts

“Mr. Norrell, it is not the duty of the court – any court – to exalt one person’s opinions above others! Not in magic nor in any other sphere of life. If other magicians think differently from you, then you must battle it out with them. You must prove the superiority of your opinions, as I do in politics. You must argue and publish and practise your magic and you must learn to live as I do – in the face of constant criticism, opposition and censure. That, sir, is the English way.”
Susanna Clarke, Jonathon Strange & Mr Norrell, 407

For more on this novel see the Seminar at Crook Timber.


Here’s A Nasty Little Business

Seems there are a bunch of folks making at least part of their living by selling your cell phone records. Now they can’t be making huge dollars can they? Really, how many folks want someone else’s call records on any given day? Well, it turns out that there are quite a few business out there offering the service. Enough to make you angry if you think about it a bit:

It’s actually obscene what you can find out about people on the Internet.

says Bob Sullivan who goes on to note:

It may be outrageous, but it’s not new. MSNBC.com first wrote about this problem in October 2001, in a story titled “I know who you called last month.”
The problem was exposed years earlier by a private investigator named Rob Douglas. Banking records, home phone long-distance calling, even medical information, were all for sale, he told Congress.

But, isn’t this kind of illegal? Sure, but who’s prosecuting? Joel Winston, associate director of the Federal Trade Commission’s Financial Practices Division,

…said the agency has never taken such a case to court and does not know how widespread the problem is. He said the FTC must focus its resources on the practices of data thieves that can cause the most damage to large numbers of consumers, such as financial fraud.

Why is this just an FCC issue? It appears to often require fraud to implement the theft. So where are the other law enforcement agencies? Likely all the other law enforcement critters are too busy checking out what books we are reading or staking out some pot user to spend time protecting us. As I argued previously:

Federal standards and regulations are invariably broken and generally never written with individual citizens in mind but Ed’s last point hits the nail on the head.
No institution, government or private, can be allowed to collect or distribute, for free or for fee, any information about an individual without that individuals specific consent on a per incident basis and if the distribution is for a fee then that individual must be compensated at a rate agreeable to the individual.

Perhaps it is time to get serious about instituting alternatives to the existing federal, state and local legal systems. You know, put something in place that can stamp out crime that has victims and perhaps obsolete all those law enforcement agencies that are so focused on victimless crimes.
Via fergie’s tech blog.