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Showing posts with label liberty. Show all posts
Showing posts with label liberty. Show all posts

Sunday, 26 April 2009

Extrordinary Measures

A friend of mine posted an article on Facebook containing the assertion that a large number of Americans were not opposed to torture, or at least that opinion was split. His comments were that supporting the use of torture made these people idiots. We had a few comments back and forth on the issue, because my gut stance is that in certain circumstances (i.e. the 'ticking bomb' scenario), use of torture can be justified. Unenlightened Commentary has posted on this before; the US application of torture was unjustified because it was:
"[to]... confirm the Bush administration's preconceived notions of Iraqi - Al Qaeda links, which is both a retarded way to interrogate anyone and renders arguments over whether that the ends can justify the means rather moot, as there were no credible ends in the first place."
They were not used for the prevention of an imminent attack, they were used to confirm a rather spurious supposed 'connection' to justify a war. In that regard, it was a despicable act. What if, though, we have serious reason to believe that someone has information regarding an act which could result in the deaths of thousands?
"When it comes to coercive interrogation techniques like water boarding, regardless of whether it is torture or not, there is a legitimate discussion to be had about whether it is justified in a ticking bomb scenario. It is unpleasant but not seriously harmful so whether that outweighs the potential mass slaughter that may be prevented by water boarding someone like Khalid Sheikh Mohammed is a dilemma."
I think dilemma is the right word. I have said before that I believe in the basic freedom to conduct your life as you wish, so long as you do not cause harm to another. That's fine and fair, but what about if you actively seek to harm others? Does that then render your right to be free from harm invalid? That in itself is a conundrum, since whoever then caused harm to you would alienate their right to be free from harm.

Putting that aside, however, there is something more germane to be dealt with. My friend asserted that torture does not work, as the information you extract under duress will never, he claimed, be reliable. Unenlightened Commentary refuted that by pointing to this story, where a kidnapper successfully 'tortured' bank details out of his victim. The argument against is that people will say anything under pressure, therefore it is not a reliable tool, ergo it should not be used. A religious ideologue, he argued, was perfectly prepared to die, therefore would not give up his plan to torture.

The point of torture, however, is not to kill. Faith, no matter how strong, cannot stand up against the natural survival instinct forever. Push someone to the very brink of their mental endurance and they will break. I can surmise that the reason the kidnapped woman gave her real bank details is because she knew giving false information would result in further torture, further pain or mental strain. Waterboarding, as much as the public decry it, is non-lethal and causes no lasting damage. It forces the brain to panic, thinking death is but a heartbeat away. In normal circumstances, using that sort of technique to extract information is unthinkable, but what if thousands of lives hang in the balance?

My friend again argued that no such situation would ever occur. His precise words were that:
"The ticking time bomb is a red herring. First it would never happen. Second if it did happen, American security procedures and policy have already failed. Third, torture NEVER gives you reliable info so it is, as it always is, a waste of time. Besides, a religious ideologue who would be involved in such a thing would cave? I think not. And in torture he would say ANYTHING to end the pain. Thus the STUPIDITY of it all."
My counter was that you can't possibly say that a ticking bomb would never happen. It's an illustration, meaning simply that an atrocity or attack is imminent, and that you have someone in your custody who knows about it and refuses to tell you. First, it could happen. In fact, it has happened and I'll come to that in a minute. If security procedures had failed, does that mean that you should just stop, roll over, and let people, thousands, millions, however many, die? We have already shown that accurate information can be extracted under torture, and even if not, would you risk the lives of thousands by not taking that chance?

Is the ticking bomb really a red herring, though? Is my theoretical scenario truly so impossible that it renders any further thought on the subject invalid? After all, those things do not happen outside of Hollywood, right? People don't plant nuclear devices in cities, of course, except in Hollywood. They don't fly planes into skyscrapers except in Hollywood... oh... wait...

Fact is that the 'ticking bomb' is, as I said above, a metaphor for an imminent attack which will cause catastrophic loss of life. The events of the 11th September bear that out. If the US Government had heard about the plot and had captured a ringleader who knew about it, but had chosen not to torture him, the planes had crashed and it then transpired that they had failed to use every measure at their disposal to prevent it, what do you think the public would have said? Oh, jolly good, you sacrificed thousands for your morals. Bravo.

I thoroughly dislike the idea of torture. The use of waterboarding or any similar coercive interrogation techniques is, I believe, amoral and wrong. As much as I loathe the practice, however, I cannot accept that it is worse than allowing potentially thousands of people to die if there is a chance, however small, that it could prevent it. The old argument that 'it makes you as bad as them' I don't think holds any water - you can't compare the torture of an individual to save many more to mass murder.

Still, dilemma is very much the right word.

Wednesday, 8 April 2009

When the mind wanders to tax and economics

Having a curious little thought about tax and the economy, so bear with me.

This little thought comes from a very important question: given all the waste in the public sector, where is all this money going?

Here’s a hypothetical. I’m directing a big IT project at the HMRC. Let’s say a nice, civil liberty infringing database, something perhaps to do with ID cards. These things seem to be all the rage these days anyway. I appoint some Programme Managers and Project Managers, but since we have very little in-house experience, we’re going to need contractors. So we tender the project and appoint a consultancy. Let’s call them Capcenture, for arguments sake.

Capcenture come in, look at our hastily drawn requirements and make some suggestions, the requirements are changed and we then go out to hire a load more contractors to help us develop it – coincidentally, most of these people are one-man-band ‘consultancy’ companies going through an Agency, taking advantage (barely legally) of IR35 to pay as little tax as possible (and who can blame them?). Already the bill is looking pretty swollen, but the project is underway.

Then, someone goes back to the original specifications and decides that there’s more functionality they need out of it. Development has already started, so this means more modifications, and the timetable slips. The budget doesn’t cover for that kind of slippage, so they revaluate the project and go back to the purse holders talking about sunk costs and the importance of this government approved initiative.

More contractors are hired at £500 per day to help with the development. The Consultancy is called back in with their specialists each at £1500 per day. The bill goes ever higher, and the project will run for ever longer. All this money gushing from the purse of the public; but where is it going to?

The Government is giving it to private sector companies, whose tax receipts will funnel some of it back to the Government. The rest they will invest in staff, or save, or spend as is their wont. The shareholders off all these companies will reap the dividends. The consultancies all know this. That’s why there are armies of ‘Public Sector Account Managers’ and specialists. An entire business stream has built up on selling to the public sector, because it is the ultimate cash cow – and they always pay their bills. If it sounds a lot like stealing from Peter to pay Paul, you’d be right.

Where has the money gone? Into the private sector; waste or not, you can’t deny that people have profited from it, even if it is the few rather than the many. Hold up a second there. Did we just say the few rather than the many? Isn’t the point of socialism and social democracy the many rather than the few? Isn’t it about redistribution of wealth and all that stuff? Our taxes have gone to pay for a project that lines the pockets of the evil capitalist piggy things! By extension, the Government has stolen from the many to give to the rich few.

Yikes. Who’d have seen that flaw in their logic?

Anyway, it seems to be something of a merry-go-round of money. I think of it as being that there is ultimately a finite source of cash in the economy. This can occasionally be increased in terms of numerical amounts, but the ultimate value of the cash pool cannot change. In my very simple understanding, this is why we get inflation – you can print as much of the stuff as you want, but that only devalues what you have. 100% split into thousandths is still 100% when you add it all up. Growth, and an increase in the base value of the money pool, can only occur when new products are created or resources made/discovered.

The only difference is who determines where that money goes. Is it me, or is it the Government?

The Devil’s Kitchen has for a while now been hunting down, naming and shaming what he identifies as Fake Charities. These are pressure groups and lobbyists that receive significant funding (more than 10% or at least £1m, I understand) from HM Gov. Notwithstanding that I find the principle of the Government choosing to pay my taxes to a ‘charitable’ pressure or lobby group with whom I disagree to be a total affront, the funding for these groups should come from those who support them, not the body politic.

I do not agree with what the Anti-Drinking/Alcohol lobby say, therefore I am appalled that my taxes are going to fund them. I may sympathise with the Anti-Tobacco lobby insofar as I like not having smoke in my face, but the fact they push to actively remove the rights of others to do to their bodies as they please means that I would never willingly give them money. As you can imagine, I’m not best pleased that the Government does on my behalf. Even for charities of which I approve, such as Stonewall, I do not agree with the Government funding them, or indeed any public sector body. Public money should not fund a pressure or lobby group, however admirable their aim.

The Government has decided that it knows best where to spend our money and to whom to donate, therefore these ‘charities’ receive money to advance their arguments to the Government. Right or wrong their arguments may be, the decision of who to support should be mine. On no grounds, be it health, social welfare or civil liberty, should taxpayers cash go towards a pressure group. Unfortunately, it does.

Charity should be private and personal. Charities and political lobbying groups can lobby me for my cash all they like. They certainly should receive none from the treasury.

The State colossus, Big Government, our massive and bloated Public Sector, are the manifestation of that denial of choice. They are testament to a belief that our leaders know best how to spend our money. Which, given the way they throw it around, shows a complete lack of respect for the people from whom they take it on threat of imprisonment. I apologise if that all seems melodramatic, but New Labour scare me and I don’t trust them with my money. Imagine if the Government let failing industries fall. What do you think would happen? My belief is that if there is no market for goods, the companies are on borrowed time anyway. If their departure creates an opportunity, someone with savvy will fill it.

At the heart of all this is one basic difference. One approach assumes that the populace is too selfish or too stupid to spend its money, the other believes in the intelligence and natural altruism of the human spirit. If you like, socialism is the ultimate form of political pessimism. Libertarianism, and to a degree, Conservatism, believes in the ultimate good of humanity and in our ability to decide for ourselves.

Wednesday, 25 March 2009

The Thought Police score again

This is a disgrace.

If you need to ask why, then there really is no hope left...

Free speech includes the right to criticise, to offend, to question, to debate... for heaven's sake, this is stifling. Incitement to hatred? That may not be desirable, but it is a *right*. Do I just believe too much in innate human decency?

One by one, new Labour's thought police are taking away our freedom to express ourselves, whatever our views. It's unacceptable, undemocratic, and it scares the hell out of me.

Monday, 9 March 2009

Chocolate Tax and Speed Limits. Give over...

DK has already given this both barrels, and Dr. Crippen agrees with him.

Some Doctor in Lanarkshire has put his head above the parapet to deliver us his esteemed opinion. Apparently, since chocolate is unhealthy, we should tax it to fight obesity. I’d love to take this one apart, but the Devil already has, with far more vitriol than I can muster on a Monday.

Given that the SNP are talking about introducing a minimum price on alcohol, now a Scottish doctor is getting above himself and pressing for a chocolate tax, you might think that we’ve filled our quota for illiberal and misguided ideas for the month, but no, elsewhere, another Scot has come up with another way to infringe upon civil liberty.

The Times reports that Jim FitzPatrick, the roads minister, is supporting a plan to reduce the speed limit on roads from 60mph to 50mph. Obnoxio is not impressed. Neither am I.

Just what is it with Scotsmen acting like illiberal pillocks at the moment?

On all three counts, booze, chocolate and driving, we see the heavy hand of the state thinking that people can’t decide for themselves, so must be told. If you can’t see the problem here, then quite frankly I weep for the future of our children, for they will be brought up in an authoritarian, nanny state where choice and liberty are but a distant memory.

Friday, 6 February 2009

Quick one off the (Terror) Wrist

So, you crack down on our liberty and give the police new powers to terrorise (sorry, protect) the population, and what do you have to show for it? These figures from ConservativeHome this morning.

"Section 44 of the Terrorism Act 2000 allows the police to stop and search people. In 2008:

  • Number of people stopped nationwide by British Transport Police using s 44: 160,000
  • Number of people stopped in London by the Metropolitan Police using s. 44: 200,000
  • Number of people amongst the 360,000 stopped under s. 44 and found to have any terrorist material or links: 0"

Draw your own conclusions.

Thursday, 5 February 2009

Picture this...

If there was any doubt remaining that our civil liberties are under threat from Jacqui/Jacqboot Smith, the BJP has this report:

"Set to become law on 16 February, the Counter-Terrorism Act 2008 amends the
Terrorism Act 2000 regarding offences relating to information about members of
armed forces, a member of the intelligence services, or a police officer.

The new set of rules, under section 76 of the 2008 Act and section 58A of the 2000 Act, will target anyone who 'elicits or attempts to elicit information about (members
of armed forces) ... which is of a kind likely to be useful to a person committing or preparing an act of terrorism'.

A person found guilty of this offence could be liable to imprisonment for up to 10 years, and to a fine.

The law is expected to increase the anti-terrorism powers used today by police
officers to stop photographers, including press photographers, from taking
pictures in public places."

Now, I can sort of understand taking pictures of military installations, but of a policeman, or a civil servant? It's patently ridiculous, and is potentially far reaching law that will be wide open to abuse. Give an inch, and they'll take a mile. I thnk you'll agree that "...a kind likely to be useful to a person committing or preparing an act of terrorism..." is pretty woolly language and leaves a lot of room for interpretation.

I bet HMtQ (Her Majesty the Queen, in case you've not seen that one before) will be very pleased that all those louts taking photographs of the guards at Buckingham can now all be arrested and kept at her pleasure for the next ten years. Sound crazy? Not really, she's a pretty good terrorist target. Could be a potential suicide bomber planning his attack and taking photos to figure out a way past the guards. Who knows?

This is the kind of authoritarian law you expect in a banana republic or dictatorship, not in the 'free' world, in the oldest democracy in the world. We should be free to take pictures - and journalists especially - of the police, in action or not, if for no other reason than we must be able to hold them to account.

What is lacking here is any sign of principles. It's like the fuckwits who say: "Oh, I don't mind all the extra checks at the airport, because it's for my own safety." No it fucking isn't; it primes you for further abuses of your liberty. What makes an aircraft so special? You could carry a liquid bomb onto a commuter train to far greater effect, and I don't see security checks at the train station in the morning. What happened to trust? Innocent until proven guilty? This is guilty until proven innocent, and that is incongruous with the spirit of liberty, law and democracy.

We need our leaders to stand up for the principles of liberty and say: "Yes, there is a risk that a photo could be used in a terrorist act, but we cannot and must not erode the freedoms of the people, lest we become what that against which we fight." Okay, so I'm being a bit verbose there, but I think you get the idea. The price of freedom is that sometimes people will abuse that freedom. The law is there to ensure that when people do, they are punished. This law is wrong because it assumes guilt until proven otherwise.

Calling them ZanuLab has never been more appropriate.

Hat tip to DK and Bearwatch.

Thursday, 4 December 2008

A matter of distance...

It looks like Harriet Harman can see the writing on the wall. She clumsily avoided giving any vote of support for the Speaker, Michael Martin, whose failure to stand up to police (who entered without a warrant) was compounded by a weak statement at the opening of parliament yesterday. This should hardly surprise us, after all, he lets Brown and NuLab get away with murder in the commons.

Interestingly, the focus seems to be moving away from Jacqui and Gordon. Their apparent ignorance of the plans of the Counter-Terrorist police to arrest Damian Green suggests that they are either incompetent, or liars.

Surely not?

Back to the Speaker for a moment, the Times makes a good point about the actual rights of MPs, but you might have thought that it was his duty to ask Police whether they posessed a warrant, and at least satisfy himself that their response was in proportion to the alleged offence.

The real issue at stake here is why the police suddenly felt this particular mole and MP were worth going after, and why the response was so heavy-handed. After all, Gordon Brown made boasts about his leaks for years, perhaps the Met might like to chase down some of these politicians as well?

Wednesday, 3 December 2008

Softly Spoken

The speaker 'regrets' that the Police had been able to raid Damian Green's office without a warrant. Apparently, yes, ladies and gentlemen, the House of Commons speaker really is that wet. He spoke not so much with conviction, but with a whimper. Grow a spine, man, and stand up for democracy!

In other news, amongst the other Bills contained in the Queen's Speech was the Savings Gateway Account Bill, whereby the Government intends to pay 50p for every £1 that low earners manage to squirrel away into this special new account, up to a maximum Government contribution of £300. Without massaging the figures, that's a 50% interest rate for the first £600 saved. Now I'm sure there must be stringent controls over how this works, but hold on just one second, I'm all for incentives to save, but isn't that what ISAs are all about?

It is important for people to have savings - you need that cushion for a rainy day. Furthermore, it encourages financial discipline, and in my opinion, saving for something makes far more sense than borrowing the money to buy it. Not only do you feel like you have earned your purchase, but you don't have to pay ridiculous interest on it.

So what we have here is the Government telling us to go out and spend (wait, isn't that how we ended up in this mess?), while at the same time telling us to save (which could contribute towards stagnating the economy) which it will encourage by spending taxpayers money at a time when we have a budget deficit. Talk about mixed messages.

I is payin fur mah guverment. I wantz refund.