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Category: Law Page 12 of 27

What’s In Your (File) Wallet?

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On January 6, 2009

In Law, Society, Travel

This enterprising fellow asked for – and got – a look at the records that DHS has been keeping of his travels:

My biggest surprise was that the Internet Protocol (I.P.) address of the computer used to buy my tickets via a Web agency was noted.

[ . . . ]

The rest of my file contained details about my ticketed itineraries, the amount I paid for tickets, and the airports I passed through overseas. My credit card number was not listed, nor were any hotels I’ve visited. In two cases, the basic identifying information about my traveling companion (whose ticket was part of the same purchase as mine) was included in the file. Perhaps that information was included by mistake.

Some sections of my documents were blacked out by an official. Presumably, this information contains material that is classified because it would reveal the inner workings of law enforcement.

Interesting.  If you think so, too, check out the end of the article, which provides easy to follow instructions about filing your own FOIA (Freedom of Information Act) request for your government files.  There were a couple of years where it seemed that I was getting SSSS (direction for secondary security) scrawled on my tickets every time I flew, and I’d meant to file a FOIA request to see if there were any clues about that.  But then it dropped off, and I forgot about it.  I’m curious again.

Unintended Consequences of Sloppy Legislation

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On January 5, 2009

In Law, Policy, Politics

Here’s an interesting consequence of reactionary legislation.  Many of you will recall what I think of as last year’s Summer of Lead, where some 45 million toys were recalled over concerns about lead poisoning.  It didn’t seem that a day could pass without another breathless press report about Chinese-manufactured toys that just might/possibly/could make American kids sick.   Okay, I should probably be a little less breezy about it, as toy safety and lead poisoning are both serious matters.  That said, it doesn’t appear that the politicians who were happy to slap together a legislative response took it seriously enough:

The law (CPSIA) to protect American children from lead and pthalate tainted mass produced Chinese toys is being used as a bludgeon by the Consumer Products Safety Commission (CPSC) to force toy stores to take all untested toys off shelves by February 10. The CPSIA goes into effect in February but the CPSC has not exempted handcrafted American and European toys made from natural materials and safe coatings. Individual toymakers cannot afford to pay for thousands of dollars of product testing designed by Congress for mass produced Chinese toys. Small shop owners cannot afford to test their inventory. Owners are threaten with $100,000 fines.

No more hand-carved dolls from the roadside stands around Pigeon Forge, TN?  Probably not what everyone had in mind.  Or maybe it wasn’t quite unintended – I’m sure Mattel and Hasbro had lots of input on the bill.  I’m sure they’d be happy to supply any shop with certified toys.

DC Vote: Will This Be the Year?

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On January 1, 2009

In DC, Law, Politics, Society

Will this be the year that DC residents get the same rights enjoyed by citizens in every state?

President-elect Barack Obama is an original cosponsor of the DC Voting Rights bill, which would turn the city’s congressional delegate, who has limited power, into a full-fledged member of the US House.

Some are hoping Obama will also back measures eventually leading to statehood. The issue could be one of the first legislative initiatives of his presidency, and a test of his commitment to make life better for the district’s 581,000 residents, who on average pay some of the nation’s highest federal income tax bills.

That the title must be a question, rather than a statement, is a result of learned caution on the issue.   As usual, the Republicans can be counted on to lobby against the effort – they’ll give a dozen different reasons, but it always boils down to their simple opposition to additional Democratic representation.   But this Republican commitment to disenfranchisement shouldn’t let Democrats off the hook.   Democrats, as a party, haven’t put nearly enough effort into solving this issue as they should.  With control of Congress and the White House, however, there are no more excuses.  Make it happen.

More about the issues and legislative efforts at DCVote.org.

Gonzales: “At that point, I didn’t care.”

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On December 31, 2008

In Law, Politics, Society

Perhaps it says more about my gullibility than anything else, but this WSJ interview with former AG Alberto Gonzales leaves me almost speechless:

“What is it that I did that is so fundamentally wrong, that deserves this kind of response to my service?” he said during an interview Tuesday, offering his most extensive comments since leaving government.

During a lunch meeting two blocks from the White House, where he served under his longtime friend, President George W. Bush, Mr. Gonzales said that “for some reason, I am portrayed as the one who is evil in formulating policies that people disagree with. I consider myself a casualty, one of the many casualties of the war on terror.” (emphasis supplied)

I just . . . I just don’t know.  Maybe the clue to his problems comes at the very end of the piece:

In one of his final acts before leaving office, Mr. Gonzales denied he was planning to quit, even though he had told the president of his intention to resign. Asked about the misleading comment Tuesday, he said: “At that point, I didn’t care.”

At that point?

Just Ignoring Illinois, For Now

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On December 30, 2008

In Law, Politics

You know, this should be a perfect time to be a Democrat.  Solid electoral victories, a promising presidency ahead, etc.  But, as Democrats are wont to do, there’s someone spoiling it for everyone else.  Illinois Gov. Rod Blagojevich is an assclown of the highest order and seems to be committed to taking the Ted Stevens path out of power, swinging and swearing all the way to the chopping block.  Blagojevich’s little appointment trick today was fairly clever, tho’, essentially using the rule of law to give everyone the finger on the way down.  His pick, Roland Burris, strikes me as an entirely decent fellow who is probably a good choice.  Except for the part where Mr. Burris accepted an appointment from such an obviously corrupt figure.  That he would willingly take the spoils from such an obviously corrupt process makes me wary.  I’m even more skeptical, however, of this Really Bad Idea of the Senate rejecting the appointment.  I’m not interested in the Senate deciding who gets to be a part of their club.  A complete mess, and everyone looks an idiot.  Hopefully, that covers it for now.

Travel Notes: Omnibus Edition

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On December 30, 2008

In DC, Law, Personal, Society, Travel

[Part of my year-end omnibus series]

Mitch Altman’s story of a weekend in a new city captures one of the best parts of traveling – random connections with interesting people:

[My host] also organized an anti-war event at a community center, and somehow during the event the Coke machine they rented as the center-piece of the performance caught on fire while videos of “Dr. Strangelove” mixed with actual footage from Iraq on the floor.  I met Charlie through a journalist from Libération who interviewed me in the early days of TV-B-Gone media craziness.  As well as hosting me in his wonderful, government-subsidized apartment (they actually support the arts in France!), Charlie is a great connector, hosting get-togethers where journalists, film makers, artists of all sorts, many flavors of activists, and other interesting, creative, intelligent people mix and mingle in long nights of conversation and friendly debate.

~

Anil Dash lives the dream.  Almost.

~

I’m a sucker for certain historical travel narratives, and this was right down my alley.  It’s an account of two young women who set off in 1944 on a long circle through the eastern US (via bike, train, and riverboat).  What makes it particularly interesting is that the first half appears to be a contemporaneously written account, and the second finished by one of the women when she was in her 80s.

~

Does flying occasionally scare you?  Then don’t read this.

~

The best in travel usually entails taking some risk, in my experience.  This list wouldn’t be my own, but it’s not a bad place to start.

~

My trip to Argentina last month marked the first time I’d ever had my photo taken at a border, as a condition of entry.  Presumably, other countries will be following the United States further down that road:

The Homeland Security Department has announced plans to expand its biometric data collection program to include foreign permanent residents and refugees. Almost all noncitizens will be required to provide digital fingerprints and a photograph upon entry into the United States as of Jan. 18.

Because nothing keeps us safe like storing your biometric information in a one stop shop for identity thieves.

~

I’m going to have the opportunity to get to a new part of the world in the next year or two – Southeast Asia.  Shamefully, I have to admit that it’s never held that much interest for me, as a region.  Maybe I could start with Burma.

~

A little closer to home – the Yellow Arrow Capitol of Punk tour of DC’s punk history might be worth a look.  Punk was never really my thing, so I can’t speak to the quality of it, but the execution strikes me as really a good idea.   The Yellow Arrow concept goes well beyond DC – right now, it claims 467 cities.  Check it out.

~

Craig of Travelvice captures some of the, uh, cultural nuance of eastern Europe.

~

While I’m working on finishing this story (really, one day . . . ), you might enjoy this account of Dubai, which I think hits the marks pretty well:

Inside the airport, there was a 90-minute wait at passport control. Surrounding me were an international smorgasbord of travelers; Indian businessman, Arab millionaires, Palestinian refugees, Russian hookers, Japanese tourists, and women dressed head to toe in black robes, complete with leather gloves. With a population of 1.2 million, Dubai only has about a couple hundred thousands locals, the rest are migrant laborers from India, Pakistan, Philippines and Malaysia, not to mention the UK and USA. The guy in the line warns me of ever-present blonde Russian hookers, “There are 200 000 of them in Dubai!” he tells me, shaking his head in disapproval, as if they were an unpopular teenage accessory.

~

I probably won’t write about the Nova Scotia trip I took in October, and I have no clever way to work this into another story, so I’ll just post this link to the site of a restaurant we passed.  Because I am twelve.

The ACS Conspiracy

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On December 30, 2008

In Law, Personal, Policy, Politics

Could have told you this was coming:

Sixteen appointees and advisers helping president-elect Barack Obama’s Justice Department transition efforts all recently sat on the board of an organization little known outside legal circles: The American Constitution Society for Law and Policy.

I suspect we’ll hear more about this Big Liberal Plot in the coming years. To put it kindly (and honestly), the American Constitution Society (ACS) was a very late response to the conservative Federalist Society. Like the Federalist Society, it’s not a nefarious secret conspiracy – it’s a simple organization of like-minded lawyers who believe that supporting the organization can help advance their ideas about the law and government. I’ve been a member since the outset (2001), but haven’t participated all that much. There are lots of campus-based events, and (in DC, at least) ACS sponsors the occasional forum or lecture.  I think the last one I attended was this forum on human rights (co-sponsored with with Center for American Progress – you can view video of it here, if you like).  ACS also maintain a blog (natch), which you might find interesting.  I write all that in the hope that the next time you hear about “that liberal ACS”, you’ll have some measure of reality to compare to what will almost certainly be a mythologized version of the organization.

Do the Right Thing: Webb & Prison Reform

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On December 29, 2008

In Law, Policy, Politics, Society, Virginia

The Washington Post has an article on the reaction to Sen. Webb (D-Va) and his plans to introduce legislation aimed at reforming the US prison system.  Webb – unlike just about every other politician – isn’t interested in grandstanding by adding penalties on top of penalties.  Rather, he’s interested in reducing prison population, improving conditions in prisons, and seeing better outcomes for those that are released from prison.   Of course, this doesn’t go over very well in Virginia:

It is a gamble for Webb, a fiery and cerebral Democrat from a staunchly law-and-order state. Virginia abolished parole in 1995, and it trails only Texas in the number of people it has executed. Moreover, as the country struggles with two wars overseas and an ailing economy, overflowing prisons are the last thing on many lawmakers’ minds.

But Webb has never been one to rely on polls or political indicators to guide his way. He seems instead to charge ahead on projects that he has decided are worthy of his time, regardless of how they play — or even whether they represent the priorities of the state he represents.

State Sen. Ken Cuccinelli II (R-Fairfax), who is running for attorney general, said the initiative sounds “out of line” with the desires of people in Virginia but not necessarily surprising for Webb. The senator, he said, “is more emotion than brain in terms of what leads his agenda.”

Some say Webb’s go-it-alone approach could come back to haunt him.

“He clearly has limited interest in the political art, you might say, of reelection,” said Robert D. Holsworth, a political science professor at Virginia Commonwealth University.

I think most long-time readers will recall that I’ve got problems with Webb.  But on this, I’m 100% behind him.

DRM, Explained

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On December 23, 2008

In Distribution, Law, Tech

I found myself on the phone with a friend the other day, trying to explain to him why he couldn’t simply copy the music from his iPhone to his new computer.  Yes, his iPhone could connect to his new computer, and he’d already paid for the music on his phone, but no, he couldn’t just copy it.  He’d have to start up his old computer, copy a bunch of directories from it to the new computer, and hope that he’d followed my instructions exactly.   He wondered why he couldn’t just sync his iPhone with the new PC.  That’s a good question that more and more people are facing as they discover that they’re living in a world with crippled technology that intentionally makes your life harder – DRM (Digital Rights Management).

I’ve gone on enough about it over the years, so I’ll leave it to Gizmodo this time:

Digital rights management is a corporate pain in the ass that stops you from doing whatever you want with music and movies in the name of fighting piracy. But there’s more to it.

Straight up, you run into DRM pretty much every day. Bought music from three of the four major labels or any TV show from iTunes? Played a game on Steam? Watched a Blu-ray movie? Hello, DRM. If you wanna get technical about it, digital rights management and copy protection are two different, if similar things. Digital rights management is copy protection’s sniveling, more invasive cousin—it isn’t designed simply to make it harder to steal content like straightforward copy protection—you thieving bastard you—but to control exactly how and when you use media.

Gizmodo goes on like that, slashing and burning its way through things that will almost certainly affect your life, like HDCP, CSS, and FairPlay.  What’s all that, you ask?   Gizmodo explains.

Down the Memory Hole

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On December 22, 2008

In Law, Society, Tech

Does anyone at all believe that the White House isn’t engaged in a massive erasing binge right now?

The required transfer in four weeks of all of the Bush White House‘s electronic mail messages and documents to the National Archives has been imperiled by a combination of technical glitches, lawsuits and lagging computer forensic work, according to government officials, historians and lawyers.

It’s a tradition, you know:

Thomas S. Blanton, the National Security Archive director, said controversy surrounding the last-minute handling of e-mails by retiring presidents — including intervention by the courts — is hardly exceptional.

Blanton wrote in a 1995 book that Ronald Reagan tried to order the erasure of all electronic backup tapes during his final week in office; the current president’s father struck a secret deal with the U.S. archivist shortly before midnight on his final day in office to seal White House e-mails and take them with him to Texas; and Clinton asserted in 1994 that the National Security Council was not an agency of the government so he could keep its e-mails beyond public reach.

Blanton said last week that “the situation is exponentially worse” under the current administration because the volume of electronic records at stake from Bush’s tenure is higher than in previous administrations. If some of the records are manipulated, even for a short while, he said, “the problem and the cost to the taxpayers is going to be exponentially worse, [as well as] the delay and the lag time before journalists and historians are going to be able to see this.”

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