Category Archives: Technology

NY Jets RB Learns the Hard Way What Happens When You “Just Cooperate” With the Police

Chris Johnson

With the plethora of news stories about police misconduct, excessive force, non-indictments, and the understandable corresponding outrage to such perceived injustices in the waning days of 2014, certain law and order types thought it proper to offer some advice to stop the bloodshed. Quite simple advice really: obey the laws and/or cooperate with the police.

But maybe instead of “simple” I should say “simplistic.” It seems most of those who offer such advice are middle aged white guys who don’t fit the profile the police look for when they decide to stop someone who “looks suspicious.” Take this jackass by the name of Kelly Ogle for example:

It use to be simple… when you come in contact with a police officer, you do what they say.

Unfortunately, an unrealistic distrust of police officers is being fostered by some protesters, even some public officials, which is disgraceful.

Just “do what they say” and everything will be just fine huh?

Don’t tell that to NY Jets RB Chris Johnson. Johnson was recently pulled over in Orlando, Florida for rolling through a stop sign. According to a source close to Johnson, the police asked permission to search his vehicle. Because Johnson didn’t feel like he “had anything to hide” or wanted to “be cooperative,” he foolishly waived his Fourth Amendment rights and allowed the police to search his vehicle.

What did “cooperating” with the police get him? A second degree misdemeanor charge for having his lawfully owned firearm improperly stored in the vehicle according to Florida law. There’s a good chance that Johnson didn’t know he was breaking the law. As we have heard ad nauseum, ignorance of the law is not a legal defense for breaking the law (unless of course, you happen to be a cop).

Just over a month ago, I offered what I believe to be more constructive advice than that the aforementioned badge worshiper. There is a way to be respectful of the police while firmly and intelligently asserting your rights. It seems that had Johnson followed advice similar to mine than that similar to Kelly Ogle’s, he would likely not have been arrested.

Beyond knowing your rights and knowing how to deal with the police, how is one to know if s/he is committing a crime at any given time? In a country in which the average person commits as many as three felonies every single day (to say nothing of any number of misdemeanors a day), there’s no good answer…at least not yet. There soon may be an “ap for that,” however; if this Kickstarter project called “Atlas” generates enough donations by January 31st (they have a long way to go).

Here’s their promotional video explaining the project:

Even if this project doesn’t quite get off the ground, its good to see that there are people out there thinking about how to mitigate the reality of the numerous criminal laws on the books. But until that day comes, understand that when you are stopped by the police, they stopped you because they have some suspicion that you are breaking a law that you may or may not be aware of. Don’t help them by waiving your rights (“just cooperating”) as Chris Johnson did. You can’t assert your rights if you don’t know what they are. Now that you have found these links (here, here, and here), there is no excuse for ignorance of these rights.

Police should wear body cameras to protect themselves when they’re accused of wrongdoing

camera

President Obama has just proposed $263 million for police body cameras in an effort to improve police relations in the communities they serve. My co-contributor at United Liberty Matthew Hurtt argues that this is an overreaction and cautions that this is “further federalizing local law enforcement.” To this, I have to respectfully disagree.

The federal government has already “federalized” local police if by federalization he means providing military grade toys at a discount. I don’t quite understand how providing tools which can actually protect the public such as body cameras “further” federalizes the police. As long as these departments receive these toys, the public damn well has the right to review in HD quality video and audio how these toys are being used (along with the normal police activities).

The following post was originally published on 8/18/2014 @ United Liberty

 

It sems that there is at least one area of agreement (with caveats) between some in law enforcement and some civil libertarians: cops should wear body cameras. The how, when, and where is still a question for all concerned but at least there seems to be some agreement on the broad outlines.

PoliceOne.com‘s editor-in-chief Doug Wyllie argues that police departments should embrace the idea of body mounted cameras on almost every police officer. Wyllie writes:

In the week following the officer-involved shooting in Ferguson (Mo.), many have asked me for a comment and/or my commentary on the matter. My reply has generally been, “What, precisely, might that comment be? We know very little detail regarding the incident itself, so any ‘analysis’ on my part would be tantamount to irresponsible speculation. Further, analysis of the rioting and looting (and police response to same) would be redundant — we’ve got reams of columns on crowd control tactics and strategies.”

One thing, however, merits mention in this space. It’s directly related to the first thought that came to my mind when news of this tragedy broke: “Man, I hope that officer was wearing a body camera.”

By now, we can correctly surmise that he was not, and it’s a reasonable contention that if he had been wearing a body camera — and that video was examined by agency leadership and released responsibly to the public — Ferguson would probably have been spared the violence and unrest.

Wyllie anticipated that there would be some cops, departments, and PoliceOne members who would disagree with this notion. From there he offered 3 reasons why the upsides outweigh the downsides:

1. Officers’ fears about “Big Brother” are crushed by good, sound policy collaboratively created by all stakeholders — administrators, police unions, civil rights groups, local lawmakers, and others. Citizens’ fears about Fourth Amendment issues — for victims, witnesses, and other uninvolved persons — are similarly crushed by that same policy.

I must interject here. We have street cameras on just about every major intersection in every major city in America. If its good enough to place you and I under constant surveillance, its good enough for the police. The police should also be reminded that they do indeed work for us. Any time the police are on duty and in public, there is a chance that they are being watched by the public. They do not have a right to privacy when they interact with the pubic. This is especially true when the actions of the police have the potential to take freedom or life away from individuals concerned.

Wyllie continues with his other 2 points:

2. Concerns over budgeting for the investment in new gear (and training for same) are quelled by the statistical data suggesting that the outlay in cash is far less than the cost of settling frivolous (and baseless) lawsuits over alleged officer misconduct when no such misconduct occurred.

3. Any argument alleging that “the technology just isn’t there yet” is flat out false. Five years ago, such a statement may have held some water, but companies like TASER International, Digital Ally, L-3 Mobile Vision, and VIEVU now offer rugged, patrol-ready products with high-definition recording capabilities in light, wearable form factors.

Doug Wyllie sees the writing on the wall; he points out that the White House petition for the “Mike Brown Law” which says “all state, county, and local police [should be required] to wear a camera” already passed 100k signatures. Wyllie is probably correct arguing that there would be fewer misconduct lawsuits with the cameras. One PoliceOne member added:

Personally I look forward to being able to show the jury exactly what the POS I arrested was doing, saying and what he looked like when I arrested him; rather than the cleaned up chap in a borrowed suit that the defense brought to court.

I think its also fair to say that cops would be discouraged from being involved with any misconduct in the first place. If we lived in a world where everyone involved in a police encounter is being recorded, everyone involved has every reason to be on his or her best behavior.

Another posted:

I’m all for body cameras. Yet, when they go against what people want them to say, it will be: “The police fixed the cameras.”

To this concern I have two answers. First the technology is already available to determine if a video has been tampered with. If the video shows the video at the 5:07:29 minute mark and then it suddenly skips to the 8:10:12 minute mark, most people are going to understand that there is some missing footage. The second answer is to policy of how, when, and where body cameras will be used.

Will cameras solve all questions of misconduct? Of course not. Cameras certainly have their limitations. But having a video of an event presented to a jury is certainly better than relying solely on conflicting eyewitness testimony.

Point of clarification: One person who commented on the Face Book link mentioned “And audio might be nice.” I assumed Doug Wyllie meant that audio should be part of the video recording as well. After re-reading his article, I realize that he never mentioned anything about audio. Perhaps this too will become a very important part of the debate. It’s my position that audio should be included. Video alone might be helpful in very clear cut cases but distort the meaning of what the viewer sees in other cases.

Obama Using “Net Neutrality” to Obscure Federal Take-Over of Internet

fiber-optic-cable“The government will fuck the Internet up.”

So says Mark Cuban. Truer words were never spoken. Allowing the federal government to treat the Internet as a public utility, as President Obama is calling for, under the guise of “net neutrality,” is an abysmally bad idea.

To be clear, “net neutrality” and public utility regulation are two different but equally bad ideas. It appears Obama is using the former in a cynical bid to trick the electorate into accepting the latter. Neither is needed and both are undesirable.

“NET NEUTRALITY”

Net neutrality is the idea that, having paid for Internet service, consumers should have unfettered access to all content. It would prevent a whole host of business model experiments that Internet Service Providers (ISPs) might otherwise try:

  • Selling tiered data plans like cell phone companies do.
  • Developing their own content and then delivering that content at higher speeds than they deliver a competitor’s content.
  • Creating different “lanes” of Internet traffic and charging higher prices to content providers or users for access to the “fast lanes.”
  • Preferring certain content providers to others, likely depending on who pays.
  • Blocking users from using certain online content that takes up too much bandwidth and slows down the network for other customers.

I see none of this as frightening. We pay different rates based on the size and weight of the mail we send. We pay different rates for concert seats, cell phone plans, Netflix memberships, cable subscriptions and a whole host of other services.

The sun still rises.

What consumers who demand heavy content at low cost really want is to have other users overpay for light content while suffering the slow buffering speeds caused by the heavey users. As Casey Given, writing for Rare, observes:

Even if the FCC’s worst fears come to fruition and ISPs start charging cell phone-style “plans” for different levels of Internet access, online access would only become cheaper for low data users. As it is today, a grandmother who logs online once a day pays just as much as the tech-savvy teenager next door who regularly downloads gigabytes of data. As such, she is subsidizing his usage and could instead be paying a cheaper rate if her ISP offered varying plans.

In any case, ISPs own their technology and infrastructure. They invested in that property with the aim of making a profit. The idea that the public has some sort of claim against the property of ISPs reflects a sense of entitlement I cannot endorse. Rights are things we get to do—not things we get to have at others’ expense.

It is where we stand on this principle in the hard cases that defines us.

In addition to heavy content users, the other main beneficiaries of net neutrality are Internet giants like Facebook, Google and Netflix. These companies do not want to be charged by ISPs for the heavy traffic their users generate while slowing down buffering speeds for everyone else.

But is there any reason we should prefer the profit of big content providers over the profit of ISPs? Is there some principle that says Netflix should be allowed to earn whatever profit the market permits—but not the ISPs who deliver its content to consumers?

As Doug Mataconis wrote for TLP back in 2010:

It’s Comcast’s network, [it] should have the right to decide how it’s used and to take action to protect its property and its other customers.

PUBLIC UTILITY REGULATION

Obama’s plan to regulate the Internet is not the same as net neutrality. His plan is to treat it as a public utility, the “most draconian” level of regulation that could apply. It would require ISPs to provide universal service, i.e., “wire up every house.”

It would also allow them to charge the rates necessary to recoup that expenditure at a profit. In fact, public utility regulations allow the type of tiered pricing net neutrality advocates want to prevent:

What some critics of the Commission’s recent proposal may not realize is that even if the FCC agrees to impose the price, non-discrimination, and other forms of common carrier regulation on ISPs, Title II reclassification, would not necessarily ban paid prioritization. As former enforcement director at the Federal Trade Commission, David Balto, has pointed out, the title only prohibits “unjust and unreasonable” differences in services. Carriers regulated under Title II still “may offer different pricing (including volume and term discounts) … so long as they are ‘generally available to similarly situated customers.’”

In plain English, all this means that if some websites, like Netflix, want “faster lanes” on broadband networks, the providers of those networks can charge extra for that service even under Title II, so long as they stand ready to offer the same service to all similarly situated comers.

So Obama’s proposal presents a solution that does not fit the purported problem—which may not even exist.

In June 2006, there were two or more broadband providers in 92 percent of the nation’s zip codes, and four or more providers in 87 percent. A June 2014 study found at least two providers (wireline and wireless) for virtually all of the U.S., and at least two providers (cable and telephone) in nearly three quarters. Nick Gillespie reports at Time Magazine that 80% of households have at least two providers capable of delivering the Internet at 10Mbps or faster.

This access has been achieved even as prices have gone down:

President Obama’s call this week to regulate the Internet as a public utility is like pushing to replace the engine of a car that runs perfectly well. The U.S. data sector — including wired and wireless broadband — is the envy of the world, administering a powerful boost to consumer welfare, generating high-paying jobs and encouraging tens of billions of dollars in corporate investment. Indeed, the prices of data-related goods and services have dropped by almost 20 percent since 2007.

So what is really going on? Does Obama really think the future of the Internet requires the government to sort out squabbles between Netflix and Comast?

I doubt it.

Maybe it is intended to deliver to big donors. Maybe it is about the 16.1% tax on interstate revenues that would be paid by broadband consumers. Or maybe it is something more sinister. As Christopher Bowen wrote last week:

The problem with the government regulating the internet is that … when they get to determine the rules, the consequences turn sinister.

*     *     *

What about communications of interest to the government, such as anything with heavy encryption? Or Tor?

The government has a direct interest in controlling that kind of traffic—hello, Wikileaks/Edward Snowden/any other whistleblower—and if anyone thinks the federal government will look the other way on these things, they are naive.

This isn’t just a possibility, it’s the reality of current legislation on the books, as Chris Byrne pointed out in 2006. Every single packet, every communication, every image, would be captured and stored—by law—if common carrier became the letter of the law in regards to internet traffic, without a warrant, and it would take just a rubber stamp to get a warrant that would be used to punish anyone the government pleases…

REGULATION HURTS INVESTMENT IN INFRASTRUCTURE

For years, federal agencies themselves have resisted calls for regulation, on the states basis that forcing ISPs to treat content neutrally was not necessary, would impede the development of infrastructure, and would have an adverse effect on consumer welfare.

That is because developing the technology to respond to demands for bandwidth requires heavy investment. In fact, in 2013, telecom and cable companies topped the list of industries investing in the U.S., to the tune of $46 billion in investment.

Regulation cuts into the profits that encourage that level of investment.

This Cato Institute podcast, for example, covers the fact that Google Fiber does not provide Title II (public utility) services precisely to avoid the onerous regulations that come along with such endeavor. Another stark reminder of this basic fact came in the wake of the President’s message. On November 12, 2014, AT&T announced it would delay installing high-speed fiber-optic Internet infrastructure in 100 U.S. cities until the rules were clarified.

Perhaps this is why the American people oppose regulation. A November 2014 survey by Rasumussen Reports found that 61% oppose federal regulation of the Internet. Only 19% want more regulation than we already have. What is more, seventy-six percent like the quality of their Internet access.

Only 5% have complaints.

At best this is a solution in search of a problem. At worst, this is a Jonathan Gruber style misinformation campaign, designed to lull the public into complacency as the federal government assumes control of the Internet.

This time, let’s not fall for it.

Image via BandwithPlace.com

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Net Neutrality: A Complex Issue With No Satisfactory Solutions

Yesterday, Chris Byrne had a write-up regarding President Obama’s “stated” support for Net Neutrality. “Stated” is in scare quotes because, as Chris noted, President Obama’s support for this ( much like his “support” for gay marriage) is a limp-wristed attempt to mollify his young, technologically literate base.

Of course, because it’s Obama and there’s a cottage industry dedicated to demonizing him, Ted Cruz had to come out with the stupidest political statement of the year (Non-Dollard/Kincannon Division).

With the mainstream attention these positions will now bring, and with an FCC decision on the issue due in 2015, the issue can no longer be ignored:

Net Neutrality is a major political issue, right now.

Chris Byrne correctly noted, that the lack of competitive options in local internet access is the primary factor leading us into the situation we’re in now. A deeper look into this shows… yeah, it shows we’re screwed either way.At the moment, there are no realistic answers that will satisfy consumers.

The explanation as to why is complex, to say the least.

Keep in mind that as I go through the issues surrounding net neutrality, I will be attempting to take common arguments, and technical background, and break them down into layman’s terms. Although readers of The Liberty Papers tend to skew more educated than most, I understand that not everyone is tech savvy enough to understand much about how the internet works beyond “I go to Google and email shows up!”. » Read more

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

Net Neutrality… Obama… Cruz… How About Oliver?

Today, Barack Obama(D) has announced that he will pretend to support net neutrality:

 

 

In response, Ted Cruz (RPDGC*), has announced that Net Neutrality is the work of the devil:

 

 

The idea that either Democrats OR Republicans actually support net neutrality is a joke.

The Democrats have (and still do) very strongly supported big media and big communications, who are largely anti neutrality. it’s only when net neutrality obviously became a big issue among young liberals (who were largely unmotivated to turn out this midterm election) that they have pretended to support it.

The Dems could have made it a campaign issue, except then they wouldn’t have had the huge media and communications industry money for the elections, that they needed to avoid getting spanked even worse than they did.

If Obama had actually supported net neutrality, he wouldn’t have appointed an anti neutrality industry stooge as FCC chair… but again, if he did that, the Dems would have lost that sweet sweet big media money.

On the other hand, the Republicans are largely anti “big media” and anti “big communications”, and only became anti-neutrality when the Democrats decided to take it as an issue.

What is Net Neutrality?

Frankly, any libertarian should support net neutrality as a principle (government regulation is another matter).

Net neutrality as a principle, is simple. All legitimate traffic should be treated equally, no matter the source or destination. No internet service provider should filter, censor, or slow down traffic from their competitors, their critics, or because of politics or national origin; or for any reason other than technical requirements for safe, efficient, and reliable network operation.

It’s how the internet has always been run, up until recently, without any government action necessary. There’s a famous quote: “The internet interprets censorship as damage and routes around it”. Any internet service provider that censored, filtered, or slowed down traffic from anyone (for anything other than technical reasons) was routed around, and cut out of the net, by its peers. It was a great example of independent action and peer enforcement working in the marketplace.

Unfortunately, this is no longer the case.

Why is it an issue now?

Large media and communications companies like Comcast and Verizon have been deliberately and artificially blocking or slowing down traffic to and from their critics and competitors.

Of course, getting government involved does generally make things worse. In fact, it already did in this case, since the government has been involved from the beginning, and it was largely government action that created the current problem.

In a rational and unbiased competitive environment, consumers would have a reasonable choice of internet service providers, and any ISP that chose to censor or limit access, would lose customers, and either correct themselves or go out of business.

Unfortunately, we don’t have anything like a free and competitive market in internet access. Government regulation and favoritism has created huge monopolies (or at best duopolies, and no, wireless access is not realistic and reasonable competition given the distorted market and cost structures there either) in internet access.

We’ve reached a point where the telecommunications monopolies that government created and support, are in fact deliberately applying anticompetitive, unfair (and in some cases already unlawful) restraint against their critics and competitors.

Since they are government supported monopolies, the market is not allowed to correct the undesirable private action.

This means that, unfortunately, government action IS required… and even if it were not required, it’s inevitable, because politics is politics, and this is now an “Issue”.

So what do we do about the problem?

Please note, I don’t trust either Democrats OR Republicans on the issue in general, and I don’t trust either, or the FCC to regulate neutrality at all. Cruz does have at least one valid concern, in that the history of government regulation of almost every industry, but particularly technology, is mainly a long record of suppressing innovation and other negative unintended consequences.

The ideal solution is to end the government created internet access monopolies that most Americans live under, and allow free and open market competition to correct the problem.

Without government limitations on competition in actual high speed, high quality internet access; competition will increase, prices will fall, and any provider that filters or slows legitimate traffic will lose all their customers and go out of business.

This isn’t just a prediction or libertarian idealism talking by the way. It’s been proved out in Korea, Japan… even in the UK. Everywhere that internet access competition has been allowed to flourish, everything has improved (conversely, in the U.S. where we have deliberately increased the power and scope of these monopolies, we have the worst internet access of any technologically advanced nation).

Unfortunately, that isn’t going to happen.

The next best thing, is to mandate net neutrality in the least intrusive, least stupid way possible, and to react intelligently (and rapidly) to changes in technology and its uses, to avoid regulatory distortion and suppression of innovation.

Unfortunately, that isn’t likely to happen either…

That said, it’s remotely possible for us get closer to that, quicker, than we can to disassembling the thousands of federal, state, and local regulations, which have created these monopolies, and made the barriers to entry for competition impossibly high.

Of course neither Democrats nor Republicans support or plan to do that.

The whole thing is a spiraling charlie fox of disingenuous cynical idiocy.

Personally, I say forget Obama, forget Cruz, and listen to Oliver (or if you don’t care for Oliver, or can’t watch a video, there The Oatmeal):

 

 

*Reactionary Populist Disingenuous Grandstanding Cynic… not the Republican party, just Cruz

Edited to add a few paragraphs clarifying what net neutrality was, and why it’s currently an issue

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

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