Showing posts with label Justice. Show all posts
Showing posts with label Justice. Show all posts

Wednesday, August 05, 2009

Amazement at Tax Evasion in God's Creation

(((Dinosaur Adventure Land Creation Science theme park; tax evasion; is God a good employer?)))

Via BoingBoing, the Dinosaur Adventure Land theme park promoting so-called "creation science" is to be seized by the government in partial compensation for back taxes owed by its proprietor, Kent Hovind, who never paid nearly half a million dollars in taxes.

He was found guilty in November 2006 on 58 counts, including failure to pay employee taxes and making threats against investigators.The conviction culminated 17 years of Hovind sparring with the IRS. Saying he was employed by God and his ministers were not subject to payroll taxes, he claimed no income or property.
Hovind insists his park is not for "amusement," but "amazement":

Our funny and experienced guides will lead your family or group on the tour, declaring the works of the Lord and the words of the Lord.

DAL is not an amusement park, for “amuse” means “to not think,” and we want people to think. Rather, it is an amazement park. Come and stand amazed at the truths of the Creator and Savior of the world, Jesus Christ.

Personally, I'm amazed that God, as his employer, didn't get him a better lawyer, the best money (or eternal salvation) could buy. Maybe hovind didn't get that in his contract? Maybe it was a lawyer from Regent. But if God can't (or won't?) get you off the hook, maybe that says more about you and your pious crap than it does about any god there might (or might not) be?

I'm not sayin'. I'm just sayin'.

Tuesday, December 18, 2007

Quote of the Day: Mr. Sodomsky [sic] Knowingly Exposed Himself

(((child pornography; expectations of privacy when you hand over your computer to a third party for maintenance, repair, or hardware installation: specifically, you have none; is the name "Sodomsky" a sort of self-fulfilling prophecy?)))

The Pennsylvania Superior Court states, in overturning a ruling on the admissibility of files discovered by a Circuit City tech in the process of installing a DVD burner in the defendant's PC:

Our result in this case is consistent with the weight of authority in this area. If a person is aware of, or freely grants to a third party, potential access to his computer contents, he has knowingly exposed the contents of his computer to the public and has lost any reasonable expectation of privacy in those contents...
This is plainly bullshit. As Ars Technica notes:
When you drop your PC off at Circuit City for a hardware upgrade (and you do use Circuit City for all your hardware upgrades, don't you?), you probably don't expect the techs to rummage around your hard drive, dredging up "questionable" files and showing them to law enforcement.

Okay, back up. What happened? In short, Sodomsky (o, to change that name!) left his PC at Circuit City for installation of a burner. The tech installed the hardware, then searched Sodomsky's computer for video files to use for testing the burner. He saw video file names that indicated pornography, and then, as AT puts it, "Richert clicked on one that had listed a male name and an age of 13 or 14 and found a video he believed to contain child pornography." He then called the police, who seized the computer and arrested Sodomsky when he came to pick up the laptop.

In the use of what seems to me an important (and telling) phrase, the Court observes that the tech was testing in a "commercially accepted manner," insisting further that "The employee testing the burner was free to select any video for testing purposes, as appellee had not restricted access to any files. Therefore, Mr. Richert did not engage in a fishing expedition in this case..." (emphasis added).

It could be added that you can burn any file to a DVD, not just movies, so using this logic, the tech was precisely free to search for any file, not just a video file, so he had in effect the run of the customer's computer. So, wait, is it possible that the court's decision is vitiated by its ignorance of basic technological aspects of the case? Declan McCullagh, in the C|Net article linked above, notes that the Court's decision refers to "codecs" as "Code X." Clearly, the court knows next to nothing about either burning DVDs or playing or encoding videos. The end result is a decision that says that computer store installation or repair techs have unfettered access to your computer, and whatever they find is admissible in court against you.

Unless . . . you tell them not to run around your computer for files? Even if this is commercially accepted practice, that by no means makes it either legally acceptable, or widely understood, and it strikes me as very odd for the Court to engage in this kind of reasoning. Why isn't the store required instead to tell you that that's what they'll do and give you an opportunity to establish limits within which they are allowed to work? Or, better still, why don't they have, using this case as an example, a standard process that includes a file on a flash drive, which they can insert in the USB [drive] port and burn straight from that drive to test the burner. No use or viewing of the customer's files is required, nor is any copying of files (beyond necessary drivers, user manuals, help files, etc.).

Finally, it's not at all clear what the rationale is for the tech's selection of a video to use for testing. I would argue that his selection of the particular video was itself a fishing expedition. Why does his spotting a file name that seems to indicate pornography give him the right to open that file? Well, it doesn't, unless you say there is no reasonable expectation of privacy, which position I think I have already established is based on specious, indeed pernicious, reasoning.

Let's think analogically: if I spot what appears to be meth lab equipment through the window of a neighbor's house, do I then have the right to sneak into their house to examine the equipment, then grab it to hand it to the cops if I think (rightly or wrongly) that it actually constitutes meth-manufacturing equipment? Surely not (although I might in that case call the cops and tell them I think my neighbors are making meth, but then we would need more evidence for a warrant than my thinking I saw equipment through the window). Let's go a step further and suppose that my neighbors have given me the key to their house so that I can let them in if they lock themselves out. Have they then given me the right to use those keys if I spot through the window what appears to me (ignorant bugger that I am, never having made meth) to be meth equipment? I don't think so.

The long and the short of it is this. First, there are holes everywhere in the Court's logic. Second, I can't believe I'm only seeing coverage of this right now in C|Net and Ars Technica. Third, um, don't be a stupid lUser when you take your computer to Circuit City: set up passwords and guest access and protect your files, since, let's face facts, it's a little bit like trusting the parking garage attendant with your keys. I mean, do we really think this is the first time this tech or some other has accidentally discovered porn on a customer's computer?




Saturday, August 04, 2007

Give Me Back My Star Chamber

Thank God for the new security bill passed by the Democrat-controlled Senate. This legislation, approved by a razor-thin margin of 60-28, "would expand the government's authority to intercept without a court order the phone calls and e-mails of people in the United States who are communicating with people overseas."

"Every day we don't have [this wiretap authority], we don't know what's going on outside the country," a senior White House official said.
Excuses, excuses.

I'm writing an article on the Yankees. Every day I don't get to read all the major papers for free, I don't know what's going on with the Yankees. Of course I should have the New York papers, but is it too much to ask that I pay to read a bunch of irrelevant material?

On the other hand, the attitude also resembles that of our lazy-ass airport security, which can't be bothered to identify suspicious travel patterns, and so just makes everyone's lives miserable in a shotgun approach to security: if you take away everyone's everything, you're bound to take away the right guy's everything, too. This exemplifies the precision approach to fighting terrorism adopted by the Bush Administration.

Our senior friend at the White House continues:
"All you need is one communication from, say, Pakistan to Afghanistan that's routed through Seattle that tells you 'I'm about to do a truck bomb in New York City' or 'about to do a truck bomb in Iraq,' and it's too late."
Ahhhh, we need warrantless wiretap authority for the war in Iraq. I didn't even think of that one! I was thinking we could probably bust all those Islamist phone phreakers on pr0n charges, cause if they're rerouting calls all over God's green earth, you know they're anonymizing they're pr0n downloads, too. And Islamofascists love the child pr0n.

Anyway, all I'm saying is, it's a really good thing the Scientologists got penet.fi shut down. Otherwise, our lawyers would need warrantless wiretap authority so they could spend their precious time going after poor Julf.
Adding to the urgency for the administration is a secret ruling by a FISA judge earlier this year that declared surveillance of purely foreign communications that pass through a U.S. communications node illegal without a court-approved warrant -- a requirement that intelligence officials have described as unacceptably burdensome.
Right. So judges free of political pressure refuse to play along with Bush's bullshit "if you hate warrantless wiretapping, you hate America" approach to surveillance, so he gets into a political fight with Dems on the hill. This is a sick irony, that in the modern land of democratic freedoms it takes someone operating in secret to stand up for the Constitutional rights of Americans, rights the Declaration of Independence considers to be granted to us by our Creator (a creator Bush claims to believe in).

I don't believe in the creator, but I believe in the rights, and it runs right straight against my understanding of accountability that elected officials would be the ones to hand over those rights. It's the reverse of the Star Chamber. When the NSA comes to get me, I might actually request a secret trial.



Sunday, July 29, 2007

Dictators without Borders

Well, poor old neoliberal dictator Alberto Fujimori lost his bid for parliament in Japan, but he remains under house arrest in Chile (ahem). He has to stay there in order to be safe from extradition for human rights violations committed as president of Peru. Ironic, it seems to me, not only that he is hiding out in Chile, of all places, but that the last "terrorists" to give him any real trouble in Peru were not the famous lunatics, Shining Path, but the pseudo-indigenous (Inca) Tupac Amaru (when they took over the, um, Japanese embassy in 1996).

On a side note, the Economist mounts an interesting defense of international courts, noting:

It is easy to pooh-pooh international courts. After the creation of the world's first international war-crimes tribunals in Nuremberg and Tokyo at the end of the second world war, it took nearly half a century before another one was established—the International Criminal Tribunal for the former Yugoslavia (ICTY), set up by the UN in The Hague in 1993. But since then, progress has been impressive. Of the 161 people the ICTY has indicted, only four are still on the run; 59 have been convicted.



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Sunday, July 08, 2007

Driving While Organizing

In Colombia, organizing a union can cost you your life. Those of us who follow either Colombia or unions (or, in my case, both), already know this:

More than 4,000 Colombian union leaders have been assassinated since 1986, according to the U.S. State Department, accounting for most union murders in the world during the period.
Many of these people organize unions within foreign companies in Colombia or within subsidiaries of foreign companies -- Coca-Cola bottlers are particularly notorious, as I recall. In this case, it's an Alabama-based coal company.
The lawsuit alleges Drummond's top Colombian executive was seen handing money to paramilitary thugs in exchange for killing the men, who were arguing with the company over higher wages and better workplace safety at the time.
And in case you missed this one, speaking of notorious US-based companies operating in Latin America.
Earlier this year, in a case that never went to trial, U.S. banana giant Chiquita Brands International Inc. pleaded guilty to paying $1.7 million in protection money to Colombian paramilitaries between 1997 and 2004.


Thursday, July 05, 2007

And Most People Live in Both at the Same Time

Or so it would seem . . . the "Two Americas," that is, the one (ones?) Edwards likes to talk about.

Income differences in the U.S. are too stark, and the government should provide jobs and training for those having a tough time, according to majorities in a national poll released Thursday.
OK, so far so good, right? And respondents on either side of $80k/yr agreed, roughly. But there's still this unshakeable meritocratic bootstrap mentality . . .
In the survey, 58 percent said large pay differences help get people to work harder. Yet 61 percent said such discrepancies are not needed for the country to prosper.
Um. Hm. Soooooo . . . it's about who's more deserving, but even lots of undeserving people will prosper when the deserving get paid lots more? I'm so confused.

Maybe more of the article will help me sort it out:

Two-thirds said the government should make sure there is a job for everyone who wants one. Small majorities said it should provide jobs for people who can't find private employment, increase federal training programs and redistribute money with high taxes on the wealthy.

Even so, nearly two-thirds said it is not the government's responsibility to ease income differences.

Hm.

It sure looks like lots of the same people believe that government should make sure there are jobs, but not do something about income gaps, like, say, progressive taxation. Er, wait, "small majorities" said that was a good idea?

And while large income gaps are not necessary, and the government ought to do something to make sure that people have jobs, still, large income gaps motivate people to work harder.

Are YOU motivated by the fact that that rich f*** at Blackstone made $4M last year?

Is this the worst designed survey in the history of surveys, or are we the most oxymoronic beings in the universe? I'm all about how people are irrational, but how do we think all these things at the same time? And when he confronted with it, what do we say?

Why don't we explode, like when matter and anti-matter meet? Why haven't we already destroyed the world with those explosions?


Monday, June 18, 2007

Israel, Hamas, and the Art of Digging a Deeper Hole

As Uri Avnery points out, Israel -- in semi-partnership with the US -- made this mess (so-called "Hamastan"), by opposing first Arafat and then his successor at every turn, while at the same time, most recently, arming Fatah in the territories. Does the right hand know what the left hand is doing? Is there a plan for what happens when Abbas (and Fatah) fails and Hamas is finally really in charge? One suspects not, but I guess we're about to find out.

Our government has worked for years to destroy Fatah, in order to avoid the need to negotiate an agreement that would inevitably lead to the withdrawal from the occupied territories and the settlements there. Now, when it seems that this aim has been achieved, they have no idea what to do about the Hamas victory. [ . . . ]

Successive Israeli governments have destroyed Fatah systematically, cut off the feet of Abbas and prepared the way for Hamas. They can't pretend to be surprised.



Saturday, June 16, 2007

Progressive Taxation is in the Wind

Via the Economist, yesterday:

In Britain several parliamentarians have grumbled after Nicholas Ferguson, a leading figure in British private equity, recently admitted that partners in buy-out firms get away with paying less tax than office cleaners.
The editors discuss the same legislation (introduced Thursday) as that covered in this WSJ article.
The fuse to Thursday's bomb was apparently lit back in February shortly after Democrats took control of Congress. That's when Fortress launched its public offering, stirring heavy press coverage of big payouts -- and drawing more scrutiny from the new leaders on Capitol Hill, who came in hungry to find new revenues to pay for new spending plans.

Senate Finance aides started researching more an issue that had, until then, been largely unfamiliar to them, and stumbled on some scathing accounts in the tax trade press about the advantages of the Fortress deal.
The Economist editors continue:
Sceptics might suggest that the senators [Baucus and Grassley, who introduced the legislation] are merely the agents of the bispartisan politics of envy [or resentment?]. Yet the electorate has much to envy. The public has not warmed to Steve Schwarzman, Blackstone’s co-founder. His 60th birthday bash attracted much press attention for featuring a set by Rod Stewart for which he was reputedly paid $1m. That lapse of taste brought greater scrutiny of his wealth. He is expected to sell stock worth as much as $677m, leaving him a 24% stake valued at almost $8 billion, unless the senators get their way. When Blackstone's shares start trading, perhaps later this month, he should trump Rupert Murdoch and Steve Jobs on rich lists. Last year alone he earned $398m, almost double the combined pay of the bosses of Wall Street's five largest investment banks.
Well, when you work twice as hard and create twice as much value in the economy as the leaders of Wall Street's five largest investment banks combined, you ought to get a tax break. Sheesh. I mean, how much value are those office cleaners creating? And how hard are they really working? Those offices practically clean themselves.


Friday, June 15, 2007

George W Bush is Bad for Capitalism

I know it sounds crazy, but check out this Economist blog post by Jason Furman, along the lines of yesterday's piece from the WSJ. Sez Furman:

Summers, Bordoff and I argue that an important part of the solution to rising inequality is a progressive fiscal system. [ . . . ]

Unfortunately, the progressive tax system offset only about 7 percent of the $664 billion income shift since 1979. Absent the tax cuts enacted [by W] starting in 2001, the tax system would have offset 20 percent of the increase in inequality. [emphasis added]
So, thanks to W, progressive taxes offset about 1/3 of the increase in inequality that they would have offset had Clinton's tax system remained in place.

Why does income inequality matter? Let's let noted Marxist economist, comrade Alan Greenspan, explain it to us:
Income inequality is where the capitalist system is most vulnerable. You can’t have the capitalist system if an increasing number of people think it is unjust.
So, in short, by contributing substantially to increasing income inequality, George W. Bush has put capitalism itself at risk.

OK. Does this mean I'm for four more years [ahem], or that I am now happy about the last eight? No. Income inequality is A Bad Thing. What's interesting, of course, is that Greenspan doesn't actually say that it's unjust. But recognition of a PR problem with capitalism is fueling a move from odd quarters back toward more progressive taxation. Yes, gross (and growing) income inequality is a symptom of a broken system, and so progressive taxation is sort of a band-aid. But it's still right, given the circumstances, and worth trying to get.

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Wednesday, December 20, 2006

Criminals Hide Behind Veils!

or maybe not.

Police seeking a man over the murder of Pc Sharon Beshenivsky are considering the theory he may have fled the UK dressed as a veiled Muslim woman.

It is understood West Yorkshire Police - who have not commented on reports about the veil theory - regard it only as one of a number of possibilities.[ . . . ]

Some newspaper reports have suggested Mr Jamma, a prime suspect in the fatal shooting, stole his sister's passport and wore a full niqab (a veil that totally obscures the face) to evade checks at Heathrow airport between Christmas Day last year and New Year's Day.
So, really, the niqab should be illegal for reasons of public safety and national security. It's got nothing at all, really, to do with religious discrimination or cultural paternalism.

Friday, October 20, 2006

I'd Go in with a Rocket Launcher, Myself

(this long-distance dedication goes out from Egil to Bill O'Reilly, who says he'd take a hand-grenade to the blogosphere if he could get away with it.)

Here comes the helicopter -- second time today
Everybody scatters and hopes it goes away
How many kids they've murdered only God can say
If I had a rocket launcher...I'd make somebody pay

I don't believe in guarded borders and I don't believe in hate
I don't believe in generals or their stinking torture states
And when I talk with the survivors of things too sickening to relate
If I had a rocket launcher...I would retaliate

On the Rio Lacantun, one hundred thousand wait
To fall down from starvation -- or some less humane fate
Cry for guatemala, with a corpse in every gate
If I had a rocket launcher...I would not hesitate

I want to raise every voice -- at least I've got to try
Every time I think about it water rises to my eyes.
Situation desperate, echoes of the victims cry
If I had a rocket launcher...Some son of a bitch would die

"If I had a Rocket Launcher"
Bruce Cockburn

Saturday, October 14, 2006

Nietzsche meets Gandhi: Revenge is for the Weak

As the reincarnation of an Icelandic berserker-poet, I'm very familiar with revenge and blood-feuds. The thing about blood-feuds is that they never end. And if you're lucky, you realize it's turning you into a monster while there's still time to recover your humanity. When blood-feuds are elevated to a political ideology, that's when you get, oh, let's say, Abu Ghraib, just to pick one. Or Gitmo. Or 9-11. Or the massacres of Afghans, Taliban and civilian. Or pretty much the whole Israeli-Palestinian conflict in its current state. And legalized torture as a permanent state of exception.

We don't need revenge. We need justice. Christian, Jewish, Muslim theology confuse these things. God's "justice" is weighed against God's mercy. But this is worse than a false dichotomy. It is the perpetuation of a barbaric ideology of retribution that humanity ought to want to transcend. Instead, the US turns Afghanistan and Iraq (and Gitmo and Abu Ghraib) into the fiery lake of Revelation and we sit and enjoy the sights, sounds, and smells of the suffering of the guilty.

I'm not a pacifist, but it seems to me (and I'm deeply conflicted about this) that violence ought to go somewhere. Justice misconstrued as revenge, as payback on a debt you're owed, is like trying to dig your way out of a hole.

How fucking hard is this to understand?