Law – Page 46 – a sibilant intake of breath

Border guards and copyright enforcement

According to Boing Boing, Canadian border guards may soon be in charge of checking iPods and other devices for copyright infringement. If true, the plan is absurd for several reasons. For one, it would be impossible for them to determine whether a DRM-free song on your iPod was legitimately ripped from a CD you own or downloaded from the web. For another, this is a serious misuse of their time. It would be a distraction from decidedly more important tasks, like looking for illegal weapons, and probably a significant irritant to both those being scrutinized and those waiting at border crossings.

Hopefully these rumours of secret plans – also picked up by the Vancouver Sun are simply false.

Net neutrality

Today, there is a rally on Parliament Hill in favour of net neutrality. Basically, these people are arguing that internet and telephone companies should not sift through the kind of data their customers are using: designating some for the fast stream and letting some linger or vanish.

In general, I am very supportive of the idea of net neutrality. On the one hand, this is because packet filtering has creepy privacy and surveillance issues associated with it. On the other, it recognizes that established companies will usually do whatever they can to strangle innovative competitors. Without net neutrality, its a fair bet that we would never have had Skype or the World Wide Web.

At the same time, there are legitimate issues about bandwidth. There are people out there exchanging many gigabytes a day worth of movies, music, and games. I am not too concerned with piracy and intellectual property, but that traffic is a real strain on the network and a burden to others. It pushes up costs for everyone as ordinary users subsidize excessive ones.

The best solution seems to be to allow bandwidth capping but disallow packet filtering. That way, sending a terabyte a month of illegally copied films will be restricted, but Skype-like new services will continue to emerge and there will be fewer general opportunites for telecom companies to abuse.

I cannot go to the rally myself, since I will be at work, but I would encourage those who are free and feeling a bit activist to attend.

Tundra dangers

One of the biggest climatic dangers out there is that warming in the Arctic will melt the permafrost. The tundra is heavily laden with methane – a potent greenhouse gas. In total, the ten million square kilometres contain about 1,000 gigatonnes of carbon (3,670 gigatonnes of carbon dioxide). The permafrost contains more carbon dioxide equivalent than the entire atmosphere at present.

If even a fraction of a percent of that gets released every year, it would blow our carbon budget. Even with enormous cuts in human emissions, the planet would keep on warming. Right now, humanity is emitting about 8 gigatonnes of carbon a year, on track to hit 11 gigatonnes by 2020. If we were to stabilize at that level, emitting 11 gigatonnes a year until 2100, the concentration of greenhouse gasses in the atmosphere will surpass 1,000 parts per million, creating the certainty of a vastly transformed world and a very strong possibility of the end of human civilization.

As such, it is vital to stop climate change before the planet warms sufficiently to start melting permafrost. This is especially challenging given that warming in the Arctic is more pronounced than warming elsewhere. There is also the additional challenge of the sea-ice feedback loop, wherein the replacement of reflective ice with absorptive water increases warming.

The actions necessary to prevent that are eminently possible. Unfortunately, people have not yet developed the will to implement them to anything like the degree necessary. Hopefully, the ongoing UNFCCC process for producing a Kyoto successor will help set us along that path before it becomes fantastically more difficult and expensive to act.

[Update: 4 February 2009] Here is a post on the danger of self-amplifying, runaway climate change: Is runaway climate change possible? Hansen’s take.

[Update: 19 February 2010] See also: The threat from methane in the North.

The monarchy and Canada’s citizenship oath

When my mother became a citizen of Canada, I remember noting the absurdity of the citizenship oath:

I swear (or affirm) that I will be faithful
and bear true allegiance to Her Majesty
Queen Elizabeth the Second, Queen of Canada,
Her Heirs and Successors, and that I will faithfully
observe the laws of Canada
and fulfil my duties as a Canadian citizen.

The monarchy is a sad reminder of Canada’s imperial past, not something that should be at the heart of becoming a Canadian citizen. It would be far better to have those who are becoming citizens assert their support for the Constitution, democracy, and the rule of law only, rather than giving such prominent treatment to an irrelevant legal hangover. To paraphrase Monty Python: supreme executive power derives from a mandate from the masses, not from some farcical tradition of bloodline descent.

It is certainly an excellent thing that the monarchy has been pushed to the symbolic edge of Canadian law and society, represented by mere remnants like a titular governor general, the queen on currency, and legal conventions like Regina v. Whoever for legal cases. That being said, it makes sense in this day and age to finally eliminate the trappings of family-line rule and become a proper republic. Of course, there are those who disagree.

Harper on gas prices and carbon taxes

One thing for which you need to give Stephen Harper some credit: unlike the American presidential candidates, he is willing to admit that the government cannot do much to reduce gasoline prices. Unfortunately, he is also using those high prices to oppose carbon taxes, probably the most economically efficient economy-wide mechanism for reducing greenhouse gas emissions.

Hofmann’s ‘problem child’

As an additional offering to see readers through my canoe-induced absence, here is an interesting article from The New York Times about lysergic acid diethylamide (LSD) – the ‘problem child’ of Albert Hofmann. It includes a description of his remarkable first experiences, when experimenting with the medical potential of ergot derivatives, as well as his later observations and reflections upon the molecule he introduced to the world.

Hofmann, who died last week, has an obituary in The Economist. It takes a somewhat interesting position: essentially, that LSD was a promising chemical that ended up universally banned because of the excesses of Timothy Leary and company.

Polar bears ‘threatened’

As of today, the American Department of the Interior has listed the polar bear as a ‘threatened’ species, on account of the ongoing disappearance of the Arctic ice cap. In making the announcement, Secretary of the Interior Dirk Kempthorne stressed that the decision is not meant to compel the regulation of greenhouse gasses:

Listing the polar bear as threatened can reduce avoidable losses of polar bears. But it should not open the door to use of the ESA [Endangered Species Act] to regulate greenhouse gas emissions from automobiles, power plants, and other sources. That would be a wholly inappropriate use of the ESA law. The ESA is not the right tool to set U.S. climate policy.

In a sense, that is fair enough. Creating something as comprehensive as a greenhouse gas mitigation strategy in response to concern about a single species is definitely a backwards-seeming way to go about it. At the same time, one is reminded of how somewhat awkward justifications have sometimes been used in the past to secure legal outcomes: for instance, the use of the ‘interstate commerce’ clause in the US Constitution to assert federal jurisdiction, or even the indictment of Al Capone on tax evasion charges, rather than those directly associated with organized crime.

The point here is less whether concern about polar bears does or does not create a legal obligation to act on climate change. Rather, this is another demonstration of how virtually all conservation planning now requires the consideration of climate change effects. This is just one of a thousand cuts through which federal reluctance to effectively regulate greenhouse gasses will need to be eliminated.

Electric vehicles in Canada

Dynasty is a Canadian company that builds light, low speed, battery powered cars. Their Dynasty IT vehicle has a range of 50km and a top speed of 40 km/h. Because Transport Canada refused to follow the lead of 44 American states and authorize the vehicles for non-highway use on roads, the company has decided to relocate to Pakistan. There, they will manufacture cars for the American market. The ZENN is in a similar predicament.

There is a real trade-off between producing light vehicles and producing ones that do well in crash tests. That said, we do permit people to ride absurdly unsafe motorbikes – even on the highway. It is incoherent to ban one and permit the other.

Perhaps it would make sense to create a special legal category for small, light vehicles of limited range, intended primarily for urban use. By all means, those purchasing them should be informed that they will not fare as well in a crash with a huge truck as someone in a larger, steel-framed car. That said, the economic and environmental advantages may justify the risk in the eyes of many.

Greenpeace on carbon capture and storage

On Monday, Greenpeace released a report entitled: False Hope: Why carbon capture and storage won’t save the climate (PDF). The points made are fairly familiar, though it is good to see them considered in combination:

CCS cannot deliver in time to avoid dangerous climate change.
CCS wastes energy and resources
Storing carbon underground is risky
CCS is expensive and undermines real solutions to climate change
CCS and liability: risky business
The alternative to CCS: renewables and energy efficiency

Joseph Romm probably has the most sensible overall view of CCS. He argues that it can serve as one of the fourteen ‘wedges’ that are required to stabilize global concentrations of greenhouse gasses, acknowledging that even that role will require pumping infrastructure equivalent to all that presently being used to extract oil. Think about the total expenditures of the world’s oil companies on equipment, construction, and labour and you begin to appreciate the costs that are likely to be associated with widespread use of CCS. That being said, it is only fair to say that the cost projections are approximations based on huge assumptions. It is like being in the era of the Wright brothers and trying to project what the finances of a major airline will resemble, in terms of thinks like capital use and equipment life cycles.

CCS needs to be thought about in the context of an overall strategic push to stabilize greenhouse gas levels. It is possible that it will have a modest effect at an acceptable cost. It is also possible that it will be unfeasible at a commercial scale, or simply too costly. The most dangerous possibility is that the very idea of CCS gives people the false sense that the problem can be solved, particularly that we can keep burning coal while waiting for a low-cost technological solution to magically appear. As one strategy among many, CCS might have a future. One future that CCS cannot permit is one where the nature of the world’s energy use remains similar to today, with the awkward greenhouse gasses simply swept under the rug.

One more reason to support American gas taxes

One reason for which cutting gasoline taxes in the United States is especially unjustifiable is that the taxes don’t go into general revenue. Rather, they go into a Highway Trust Fund that pays for road construction and maintenance. Not only would cutting gasoline taxes encoruage people to use fuel inefficiently at a time of ever-greater scarcity: it would also shift the burden of paying for roads from those who use them most heavily towards the population as a whole.