Law – Page 41 – a sibilant intake of breath

Creative Commons ‘zero’ license

It says something about the current climate of intellectual property law that Creative Commons has released a new ‘zero’ license, which strives to do everything legally possible to put a work into the public domain. The new license is meant to be an improvement over their previous public domain dedication service:

The CC0 system works better internationally, is likely more legally valid (since one can not dedicate their works into the public domain in many countries and there are questions about doing so in the U.S.) and, if the icon and meaning becomes recognizable enough, more clear.

It seems a bit remarkable that it is so difficult to choose to give intellectual property away. I can understand the importance of legal protections to ensure that people don’t do so by accident (particularly children), but it does seem as though there should be a straightforward legal mechanism to waive all rights as the creator of a work.

The contents of this site are under a Creative Commons license: specifically, one that allows anyone to copy, distribute and transmit the work, as well as produce adaptations. It requires that the work be attributed to me, that any derivative works be subject to the same rules, and does not grant these rights automatically for commercial purposes. That is to say, if someone wants to use one of my images on a personal site, with attribution, that’s fine; if Visa wants to use it in a commercial, I expect them to pay for the usage rights.

Creative Commons licenses are very valuable because they allow creators of content to establish such regimes without needing to hire lawyers or spend a lot of time and money.

Dealing with space junk

Junk in space is an increasingly severe problem, as both the quantity of useless debris and the number of useful satellites increases. Aside from international censure, there isn’t especially much that can be done at present to punish those who make the problem worse, as China did when they blew up one of their satellites in 2007.

A good international approach to mitigating the problem might resemble the following: an international agreement among space-faring states to avoid the production of such debris, coupled with a penalty system for situations in which it occurs. The money from the fines could be put into an insurance fund. Then, when collisions take place between unmanned satellites or manned space vehicles, some level of compensation could be paid out of that fund.

Setting up such a system would require the support and goodwill of quite a number of states. Nonetheless, it might help make the regions of space closest to our planet somewhat more orderly and well-governed.

Legal guide for bloggers

For those who are serious about their blogging, or simply concerned about the legal ramifications of the practice, the Electronic Frontier Foundation has a Bloggers’ Legal Guide available.

While it is focused on American law, the general principles and issues discussed are likely to be relevant elsewhere. Issues covered include intellectual property, defamation, the legal status of bloggers as journalists, and more. It also includes a page specifically for students.

People living in countries that have weaker protections for free speech might be better served by the BBC’s guide: How to avoid libel and defamation. On a side note, I certainly hope that British law evolves away from requiring the author to prove their comments were justified and towards requiring the person or organization alleging libel or defamation to prove that such things took place. The current approach encourages frivolous lawsuits and drives journalists to bury or tone down stories without due cause.

The MMR vaccine and autism

I am glad to see that an American court has rejected allegations that the MMR vaccine causes autism. The anti-vaccine movement that is gaining ground in Europe and North America is a worrying one. It is worrying on a direct level because it exposes children to new dangers and raises the risk that diseases that have been all but eradicated will return. It is also worrying insofar as it demonstrates the depth of the lack of trust between large elements of the population and doctors and scientists.

As with the alternative medicine craze, a disturbing number of people have decided that evidence-based medicine is lacking and have opted for alternatives that range from relatively harmless quackery to dangerous malpractice. It leaves one wondering if there is any mechanism through which broad public confidence could be restored.

Three passages from Payback

There are three further elements of Margaret Atwood’s Payback that seem in keeping with the themes of this blog, and the current conversations here. I am not going to comment on them excessively, since I think they provoke enough thinking in themselves.

The first is her list of possible responses to major crises. You can “Protect Yourself, Give Up and Party, Help Others, Blame, Bear Witness, and Go About Your Life.” In the context of climate change, it seems like we are all engaging in a particular combination of these behaviours. It is worth contemplating if it is the right one. She doesn’t really discuss how there is a prisoner’s dilemma at work here. If nobody else addresses problems, protecting yourself or partying are your best options. If you can convince others to cooperate, you can help others and get on with your life.

The second is her description of an international approach to climate change mitigation:

[G]lobal warming has been dealt with at a global summit during which world leaders gave up paranoia, envy, rivalry, power-hunger, greed, and debate over who should start cutting down the carbon footprint first and rolled up their sleeves and got with it.

While that is a very appealing vision for how developed and rapidly developing states might behave, it does seem appropriate to recall that, in many places, the reduction of extreme poverty and insecurity is a more urgent task. Let Canada, China, and the United States learn how to run a zero carbon society, before calling on Sudan or Afghanistan to do so.

The third is a hypothetical response the American president could have given to the September 11th attacks:

We have suffered a grievous loss – a blow has been struck at us that was motivated by an obsessive desire to harm us. We realize that this was the work of a small group of fanatics. Other nations might bomb the stuffing out of the civilian population where those fanatics are at present located, but we recognize the futility of such an action. Nor will we accuse any bystander nation of having been involved. We realize that acts of vengeance recoil upon the heads of the inventors, and we do not wish to perpetuate a chain reaction of revenge. Therefore we will forgive.

The quote is an interesting one. For me, the last sentence somewhat clashes with the rest. It is one thing to say: “We will not take this fight to those who did not start it.” It is quite another to say that we will not respond directly to those who did, while being careful to spare the innocent. While it is on the fringe of what is imaginable that the United States might have responded to Al Qaeda through international cooperation and the vigorous efforts of law enforcement and the courts, it doesn’t seem either moral or believable that they would not respond in some way to those who were directly involved.

Payback: Debt and the Shadow Side of Wealth

This series of lectures, published in book form, shows Margaret Atwood at her lively best. It is reminiscent of James Burke’s series ‘Connections,’ in which he traces a seemingly random path through history, choosing the most interesting and unexpected road at every juncture. In some ways, Atwood’s consideration of debt occurs in an even richer world, since it includes literature, mythology, and religion among the kind of paths that can be followed.

The first section of the book examines debt in a historical and conceptual way: considering different kinds of debt (financial, moral, spiritual, etc) as well as different modes of repayment. It considers the ethics of being a borrower and a lender, as well as the consequences that can arise for those who happen to be near either. Atwood’s examination highlights how lenders can err both in being too harsh on their debtors and in being too stingy with their money – both the vicious loan shark and the penny-pinching miser are culpable. The book discusses revenge as a special form of debt repayment, as well as the complexities that arise when debts are being incurred by states and princes. All this is made quite entertaining by the cleverness of the connections being identified, and the teasing and humorous tone of the narration.

The second section is an exposition of our current state of deep indebtedness, and a recognition that the greatest and most threatening of those debts are ecological. While Atwood’s updated Scrooge story includes asides on the unjustness of the World Bank and IMF, as well as the risks associated with fiat currencies, her primary concern is with the wanton destruction of the natural world that has been accelerating since the industrial revolution. She singles out overfishing, biofuels, deforestation, overpopulation, soil depletion, and climate change as examples, painting a general picture of extreme human recklessness. The redemptive vision is one based around neo-hippie victory: renewable power, an international agreement to stop climate change, and organic food for all.

The concluding story feels a bit trite, really. Any corporate baron paying the slightest bit of attention would already be jaded about the messages from the ghosts Atwood’s Scrooge Nouveau receives. That said, and while the literary merits of the first section exceed those of the second, it is appealing that this is a book of action as well as contemplation. It is hard not to agree with the thrust of Atwood’s argument. By all means, let’s increase the fairness of the global financial system and curb humanity’s self-destructive ways. This book contributes to that project by provoking a great deal of thought about the symbolism and meanings of debt. We will need to look beyond it for concrete ideas about how to overthrow or convert those who favour the status quo and thus bring about a sustainable (appropriately indebted) new order.

I say ‘appropriately indebted’ because the book makes a strong case that we can never really be out of debt. As social entities, there are always tallies of obligation between us, and nobody can ever be said to be sitting perfectly at the balance point of these transactions. Indeed, given the way they are denominated in different currencies (honour, favours, wealth), seeking such an outcome is hopeless. What we can attain is the position of borrowing and lending rightly, with forgiveness and an awareness and concern about the consequences for those around us and the wider world.

In any case, the book is highly topical, informative, and makes for a quick and rewarding read. It is telling that, while other books have been sitting around my apartment for months, I received this one in the mail yesterday and finished it today.

Closing Guantanamo and reining in the CIA

Not only did Barack Obama order the closure of Guantanamo Bay, he has also ordered that secret CIA prisons be closed and that the CIA must abide by the Army Field Manual in conducting interrogations. The latter decision closes a serious loophole in the human rights policies of the previous administration.

While there are a lot of tricky decisions left to be made about exactly how the prisons will be closed, who will be tried, who will be released, and where, this is a major step towards American rehabilitation in the eyes of the world. Hopefully, this will underline the fact that the Bush policies on torture and imprisonment were an aberration from the overall American approach. Of course, their injustice could be highlighted all the more effectively through the prosecution of some of the people who illegally implemented and oversaw them to begin with.

Obama and the ‘war on drugs’

America’s spectacularly ineffective domestic drug policies have not succeeded in any of their aims, except perhaps keeping large numbers of law enforcement personnel employed. They do not help addicts, who would almost certainly be better off treated as sick than criminal. They haven’t reduced the strong linkages between drugs and organized crime. Further, they have helped to create and perpetuate some of the worst racial divides in America: most notably, by imprisoning large numbers of black men for crimes that those with better lawyers and backgrounds would walk away from with fines or community service. A transition towards harm reduction policies, coupled with judicial and police reform, seems to have promise for mitigating both the harmful effects of drugs themselves and those of past drug policies.

Given his background – working as a community organizer in Chicago, as well as his personal experience with drugs – it would be surprising if Obama turned out to be another drug warrior, pushing for abstinence and brandishing harsh jail sentences. At the same time, the drug issue is clearly not one that he can afford to focus his attention upon. It will be very interesting to see whether drug policy is an area where Obama will be able to inject a little sense, or whether urgent demands elsewhere will leave it languishing in the lamentable state it acquired during the Bush years.

“Chuckie” Taylor and torture prosecutions

An American court has convicted the son of former Liberian President Charles Taylor for committing torture, sentencing him to 97 years in prison. “Chuckie” Taylor led a paramilitary unit during the time when his father was in power. His father is currently on trial at the Special Court for Sierra Leone in The Hague. If there is any fairness in the world, “Chuckie” should eventually have some senior Bush administration officials for cellmates

The illegality of torture under international law is unambiguous. It doesn’t depend on which statutes a particular state has ratified; further, there are no exemptions granted for heads of state, senior officials, or people acting in a professional capacity. It certainly is not a legal defence to claim that the torture was necessary for purposes of national security or preventing terrorism.

The environmental and ‘anti-war’ movements

Historically, there seem to be a fair number of areas of overlap between various aspects of the environmental movement and various aspects of the ‘anti-war’ movement. It seems important, from the outset, to stress that neither is really a unified force. There are a few people who still aspire to the complete abolition of war, while most others have the ambition of either stopping specific wars or curtailing some of the worst aspects of war in general (war crimes, nuclear weapons, etc). On the environmental side, there is arguably even more diversity. People differ on areas of concern (does animal welfare matter?), on the scale of action (local? national? global?), and on appropriate solutions. Overlapping with both camps are some groups (such as Marxists) who feel that changing some underlying aspect of society will address most or all of the problems of war and environmental destruction more or less automatically.

There are a few reasons for which the anti-war movement is a natural fit for the environmental movement. For one thing, they tend to galvanize the same type of people: predominantly students and older people of an anti-establishment bent. More concretely, there is also strong evidence that war causes environmental destruction and that some types of environmental degradation can encourage wars.

That being said, there are also reasons for which the environmental movement might be wise to distance itself from anti-war campaigners. For one thing, there is the danger of getting drawn into debates that are largely irrelevant from an environmental perspective: dealing with climate change is hard enough without needing to factor in the rights and wrongs of the Gaza Strip or Kashmir. For another, a lot of the anti-war movement functions in an extremely confrontational way. Of course, the same is legitimately said about elements of the environmental movement. While such agitation might be necessary to get things started and keep people honest, it tends to become counterproductive once you reach the point of implementing any specific policy.

Finally, there is a bit of a dated quality to the anti-war movement. It feels bound up with Woodrow Wilson, on one side, and the LSD of the 1960s on the other. Certainly, the idea that war can be eliminated as a phenomenon (or even as a tool of policy for rich democratic states) is no longer considered plausible by many people. Similarly, the idea that all wars are fundamentally unjust is hard to maintain given evidence of recent occurrences that (a) could have been stopped through the just application of force and (b) were themselves significantly worse than an armed confrontation would have been. What seems sensible in a post-Holocaust, post-Rwandan genocide world is the advancement of a ‘just war’ agenda, focused on using law and evolving norms of behaviour to avoid unjust wars as well as unjust behaviour in a wartime environment. In practical terms, this involves mechanisms like the arrest and trial of war criminals, interventions to stop genocide, and agreements to eliminate certain weapons and tactics.

A ‘just war’ movement would certainly find areas for profitable collaboration with environmental groups. Many kinds of weapons are of both ecological and humanitarian concern, for instance. What is necessary is a higher degree of nuance and consideration than exist on the activist side of both movements. Hopefully, more mature and sophisticated arguments and tactics will be able to generate progress in reducing the harm from both armed conflict and environmental degradation.