wtf?

Remember when Robert Nozick wrote in Anarchy State and Utopia that income taxation is akin to forced labour? Well it turns out that that is far far worse than that. Taxing the 1 per cent would be like the state forcibly ripping out their spare internal organs! At least that’s what Gregory Mankiw thinks. His paper, forthcoming in the Journal of Economic Perspectives also includes a thinly-disguised rehash of the Wilt Chamberlain parable, but no proper acknowledgement to Nozick (suprising that the referees or editors at JEP didn’t make this point).

I don’t want to write about the circumstances of his suicide – it’s too raw. I do want to write about who he was. I suspect that the media will turn this into a story of Aaron as persecuted hacker, which gets at only one part of him. He was one of the kindest, sweetest, and most generous people I ever knew. He made a lot of money at a very young age, which would have ruined most people (including me). It didn’t ruin Aaron. He used it to live an itinerant life, jumping from project to project, all intended to work towards creating a better world. His enthusiasm was boundless, as was his generosity. When Crooked Timber had big server problems a few years ago, he immediately jumped in to offer to host us (we ended up finding hosting elsewhere). He saw that Rick Perlstein didn’t have a website, back before Rick Perlstein was Rick Perlstein, and he built one for him. He gathered together everything he could of the old Lingua Franca, preserving it and making it available. A skilled techie, he helped put together the revived Baffler, a journal noted for its discontent with things technological. Aaron’s life was a struggle against the forces of entropy, decay and political corruption. He never saw a good cause, but he wanted to adopt it, and do everything he could for it (if a criticism could be made of him, it was that he moved on too quickly from project to project). I knew he had been in a dark place the last few months, because of what was happening to him, but I didn’t know how dark. I’ve lost a dear friend, but American politics and intellectual life has lost someone who did many good things for many people, often quietly, but always to good effect. Other CTers may have other memories of him; those are mine.

Update: “Aaron’s family and current partner”:http://rememberaaronsw.com. “Quinn”:http://www.quinnnorton.com/said/?p=644 Also, “Cory Doctorow”:http://boingboing.net/2013/01/12/rip-aaron-swartz.html#more-205376, “Larry Lessig”:http://lessig.tumblr.com/post/40331489608/aaron-rip, “Mark Bernstein”:http://www.markbernstein.org/Jan13/AaronSwartz.html, “James Fallows”:http://www.theatlantic.com/technology/archive/2013/01/aaron-swartz/267110/, “Brewster Kahle”:http://blog.archive.org/2013/01/12/aaron-swartz-hero-of-the-open-world-rip/ , “Carl Malamud”:https://public.resource.org/aaron/, “The Baffler”:http://thebaffler.com/blog/2013/01/aaron_swartz. By request, “Aaron’s guest-posts here at CT”:https://crookedtimber.org/author/aaron_swartz/. Scott McLemee’s “story on Aaron from a few years back”:http://www.insidehighered.com/views/mclemee/mclemee117 is here.

Update 2: “What Larry Lessig Says”:http://lessig.tumblr.com/post/40347463044/prosecutor-as-bully.

bq. For remember, we live in a world where the architects of the financial crisis regularly dine at the White House — and where even those brought to “justice” never even have to admit any wrongdoing, let alone be labeled “felons.” In that world, the question this government needs to answer is why it was so necessary that Aaron Swartz be labeled a “felon.” For in the 18 months of negotiations, that was what he was not willing to accept, and so that was the reason he was facing a million dollar trial in April — his wealth bled dry, yet unable to appeal openly to us for the financial help he needed to fund his defense, at least without risking the ire of a district court judge. And so as wrong and misguided and fucking sad as this is, I get how the prospect of this fight, defenseless, made it make sense to this brilliant but troubled boy to end it.

The last time I saw Aaron, we didn’t talk about the JSTOR incident itself, for all the obvious reasons. We did talk about the Kafkaesque nightmare he had landed in, where literally _anything he said_ could be taken grossly out of context and used against him by a prosecutorial apparatus apparently more driven by vindictiveness, stupidity and politics than by any particular interest in justice or the public interest. He told me how, when the police finally came around to search his apartment, some weeks after the charges had been laid, he jokingly asked them what had taken them so long. Of course, he then found these words being twisted by the prosecutors to suggest that he had effectively admitted he was guilty.

Those of you who are worried that the world is going to end on Friday may be inclined to relax and party when it doesn’t. On the other hand, those of you who have put off buying Christmas presents because, you know, what’s the point? May yet be vindicated. Apparently there is no scholarly consensus on when the Mayan calendar runs out. Could be Friday, but Sunday or Christmas Eve are also possibilities (pdf), and, indeed, it is Christmas Eve that these guys incline to:

bq. Implicitly or explicitly, the majority of scholars have accepted Thompson’s leap-year argument (see, for instance, Bricker and Bricker 2011:91). That is why the idea has entered into the popular consciousness that the thirteenth Bak’tun will end on December 21, 2012, which is the date in the 584283 correlation, as opposed to December 23 in the 584285 correlation (or Christmas Eve, December 24, according to 584286).

From Simon Martin and Joel Skidmore and “Exploring the 584286 Correlation between the Maya and European Calendars”, The PARI Journal 13(2), 2012, pp. 3-16.

[All via Charles C. Mann ( @CharlesCMann) on twitter.]

Train kindergarten teachers as shooters. Tool them up. Problem solved.

Update: I can only imagine that Megan McArdle is jealous of all the attention Eugene Volokh has been getting.

Detailed here at [Wired](http://www.wired.com/threatlevel/2012/09/aaron-swartz-felony/all/).

>Federal prosectors added nine new felony counts against well-known coder and activist Aaron Swartz, who was charged last year for allegedly breaching hacking laws by downloading millions of academic articles from a subscription database via an open connection at MIT. … Like last year’s original grand jury indictment on four felony counts, (.pdf) the superseding indictment (.pdf) unveiled Thursday accuses Swartz of evading MIT’s attempts to kick his laptop off the network while downloading millions of documents from JSTOR, a not-for-profit company that provides searchable, digitized copies of academic journals that are normally inaccessible to the public. n essence, many of the charges stem from Swartz allegedly breaching the terms of service agreement for those using the research service.

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I must make a Public Statement about Women Who Breastfeed While Teaching. Because I am a woman who used to teach, and I breastfed, and though I never breastfed my kid during class I did on occasion bring him while I was teaching. And I think I may have breastfed him during at least one faculty meeting.

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(original here).

Update: Even if Brooks doesn’t, you know, deign to mention it, his column is obviously a response to Chris Hayes’ _Twilight of the Elites_, a book which I can’t pretend to be objective about for various reasons, but which I can enthusiastically and unobjectively encourage you to buy and read (Powells, Amazon).

This post is really a bleg, aimed at the international lawyers out there. I’ve been looking into the legal basis for US drone strikes in Pakistan, Yemen and Somalia, strikes that on some estimates have caused over a thousand civilian deaths. As far as I can see, the strikes need to pass the regular tests of discriminating between combatants and non-combatants and not causing disproportionate “collateral damage”. They also need to get past the UN Charter’s ban on using force against the territorial integrity of other states. This article by Jack Goldsmith claims there are two ways to do this (1) by getting consent from the “victim state” and (2) by properly invoking the right of self-defence re the non-state actors concerned and claiming truly that the victim state is “unwilling or unable” to deal with the threat posed.

The United States in its drone campaign appears to be relying on self-defence and this “unwilling or unable” test. This strikes me as deeply problematic on two grounds. The first is that the _Caroline_ test, that necessity of self-defence be “instant, overwhelming, leaving no choice of means, and no moment of deliberation” seems not to be met. But I suppose the United States could claim that it is simply continuing a campaign of self-defence that began after September 11th 2001 and has continued since. (Could that really justify extending “self-defence” to take in new sovereign territories?) The second reason is that it looks to me as if the doctrine the United States is relying upon would also have justified “targeted assassinations” by other states on US soil at various times against individuals or groups planning or engaged in actions against those states, whom the US was unwilling to suporess. So, for example, both Cuba and Nicaragua in the past and maybe Iran today could invoke a similar doctrine with as much justification. Say it ain’t so?

What’s wrong with an employer saying to an employee (who needs the job, has bills to pay and kids to feed): “If you want to keep your job, you’d better let me fuck you”?

Rather like the wrongness of slavery, this strikes me as being one of those cases where my confidence that it is wrong outstrips my confidence in any of the explanations about why it is wrong, but, contemplating the case, I experience no great sense of puzzlement about its wrongness. But then, I’m not a libertarian.

I came across philosophical reflection on the issue at the Bleeding Heart Libertarians site after following a link from a “Corey Robin posting on employers who insist that their workers piss themselves rather than take toilet breaks”:http://coreyrobin.com/2012/03/08/lavatory-and-liberty-the-secret-history-of-the-bathroom-break/ . This instance of private tyranny elicited a comment at Corey’s site from one of the “Bleeding-Heart Libertarian” crowd, Jessica Flanigan, “deploring trade unions”:http://coreyrobin.com/2012/03/08/lavatory-and-liberty-the-secret-history-of-the-bathroom-break/#comment-4609 . An odd reaction to the case, you might think. “Flanigan had herself written on workplace coercion at BHL”:http://bleedingheartlibertarians.com/2012/03/workplace-coercion/ , and, in the course of her discussion, commended Japa Pallikkathayil’s excellent “paper on coercion”:http://quod.lib.umich.edu/p/phimp/3521354.0011.016?view=toc at _The Philosophers’ Imprint_ .
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I’ve been dealing with the usual end-of-semester lunacy and haven’t had time to do more than goggle at the horror of the blogging trainwreck that is Naomi Schaefer Riley. A pro-tip: when you want to write a “post”:http://chronicle.com/blogs/brainstorm/the-most-persuasive-case-for-eliminating-black-studies-just-read-the-dissertations/46346 entitled The Most Persuasive Case for Eliminating Black Studies? Just Read the Dissertations, it is a good idea, at the _very minimum_ to, you know, actually ‘just read’ the fucking dissertations yourself. Whiney follow-up “posts”:http://chronicle.com/blogs/brainstorm/black-studies-part-2-a-response-to-critics/46401 explaining that “it is not my job to read entire dissertations before I write a 500-word piece about them” and that “there are not enough hours in the day or money in the world to get me to read a dissertation on historical black midwifery,” might lead the enquiring reader to suspect that you’re a slovenly and incompetent hack. Actually reading the posts in question might lead the aforementioned reader to suspect a variety of other things too. I suspect that Ms. Riley has a bright future awaiting her, involving victimization claims, think tank fellowships and other wingnut welfare goodies. But I wonder what the _Chronicle_ (which isn’t what it was, but is still something) thinks it can possibly get from association with her brandname, and why the hell some editor (they do have editors, right?) didn’t spot this quite repulsive piece and spike it before publication.

Update: @zunguzungu is asking Amy Lynn Alexander, who represents the _Chronicle_ on Twitter (@Chronicle_Amy), whether the _Chronicle_ has any standards for what constitutes acceptable scholarly practice for their bloggers, and if so, what these standards are. He’s not getting any answer.

Update 2: “The CHE’s editor has written a note”:http://chronicle.com/blogs/brainstorm/a-note-to-readers/46608 telling us that Ms. Riley has been canned, that the Chronicle fell down on the job, and that it wants to apologize to its readers, several thousand of whom were angry enough to leave comments expressing their unhappiness. Which is all very nice, but I don’t think that it’s the readers who need an apology. It’s the graduate students who had their work trashed by a lazy incompetent hack, who was outraged at the suggestion that she should have read it before throwing slurs thanks to the _CHE._ Perhaps the editor has written to these students privately; perhaps not.

David Cameron’s use of the veto in the recent EU summit opens an era of deep uncertainty (and possible catastrophe) for British and European politics. Two things seem to be true: Cameron is an incompetent opportunist in thrall to his backbenchers and the proposed treaty is a disaster for the Eurozone countries themselves. The fact that it is a disaster (a fact recognized by Francois Hollande’s declared intention to renegotiate) might seem to give some support to Cameron. But of course it doesn’t, since the remaining 26 countries will just go ahead without the UK. All Cameron has done is isolate and exclude himself. As one MEP is reported as saying today, “If you’re not at the table, you’re on the menu.”

Cameron vetoed the proposed EU treaty on the basis, or pretext, that other countries wouldn’t agree to “safeguards” for the City of London. The reason he was asking for these was essentially just because his backbenchers had demanded he show the “bulldog spirit” and, since EU treaties need unanimity, he thought he could extract some symbolic gain to satisfy them. He didn’t clear this with Merkel or Sarkozy in advance and would have been inhibited in doing so because the British Tories withdrew from the mainstream Euro conservative grouping in order to hob-nob with a bunch of extreme nutters and anti-semites. Sarkozy, who wanted a more integrated core Europe without Britain in any case, took the opportunity to call Cameron’s bluff. All very good for Sarko in the run-up the the Presidential elections. Exit Cameron stage right, claiming to have stood up to the EU – and getting praised by the UK’s tabloid press and an opinion-poll boost – but actually exposing the City to further regulation under qualified majority voting. He’s also chucked away decades of British policy which favoured EU expansion with the new accession countries serving as a counterweight to the Franco-German axis. Where are the other countries now? Lined up with the French and Germans.

The Euro treaty itself, assuming it goes ahead as planned and is enforced, mandates balanced budgets and empowers the Eurocrats to vet national budgets and punish offenders. Social democracy is thereby effectively rendered illegal in the Eurozone in both its “social” and “democracy” aspects. Daniel put it “thus”:https://crookedtimber.org/2011/12/09/euro-kremlinology/comment-page-2/#comment-391547 :

bq. a takeover of Europe by the neoliberal “permanent government” who failed to get their way by democratic means. All of the nationalism and anti-German sentiment is a distraction from the real scandal here. The ‘technocrats’ (which is apparently what they want to be called, although frankly I am seeing a lot of ideology and not much technical ability) want to reorganise the whole of Europe on neoliberal lines (ironically, to basically replicate the Irish economic transformation

One might think, then, that the left should be happy to be well away from it and that Cameron has inadvertently done us a favour. However, the short-term consequences in British politics could well be awful. My worst-case fantasy scenario has Cameron calling a snap General Election on nationalist themes, getting a majority dominated by swivel-eyed propertarian xenophobes and dismantling the welfare state, the Health Service, the BBC etc. Riots and civil disorder would be met with force, and those driven to resistance or crime would be incarcerated in giant new prisons. The Scots would then, understandably, opt for independence, and England and Wales would be left at the mercy of the crazies for several decades. Texas-on-Thames, in short.

And Nick Clegg? Well I wonder if even Daragh McDowell will make a case for him now.

While you have to ask carefully if you want family-planning advice from Siri, owners of Android, BlackBerry and Nokia phones may be facing other problems. According to this report in Wired, Trevor Eckhart, a security researcher in Connecticut, has found that third-party performance- and usage-monitoring software installed by default on millions of Android-based handsets sees every user action and—possibly, because I’m not sure based on the video whether this part has been demonstrated—logs and transmits it to the software maker, Carrier IQ. A video made by Eckhart (see below) shows the Carrier IQ process seeing Eckhart’s Google search of “hello world.” David Kravets’ Wired Story continues:

That’s despite Eckhart using the HTTPS version of Google which is supposed to hide searches from those who would want to spy by intercepting the traffic between a user and Google. Cringe as the video shows the software logging each number as Eckhart fingers the dialer. “Every button you press in the dialer before you call,” he says on the video, “it already gets sent off to the IQ application.” From there, the data — including the content of text messages — is sent to Carrier IQ’s servers, in secret.

This is frankly astonishing if it turns out to be true. Carrier IQ’s own website proudly announces, via a rolling counter on its front page, that it is installed on over 141 million phones. If they are logging and especially sending any data of this sort of granularity back to Carrier IQ’s servers routinely—text messages, web searches, numbers dialed—it’s hard to see how this won’t be an enormous scandal. You may recall Apple’s Locationgate scandal earlier this year, when it was found that iPhones were locally caching fairly coarse-grained location data based on cell-tower proximity (though not sending that data back to Apple). This seems orders of magnitude more severe than that—real tinfoil-hat stuff.

A Carrier IQ press release from earlier this month denies that their software is logging or transmitting keystrokes or user actions in this sort of detail:

Carrier IQ delivers Mobile Intelligence on the performance of mobile devices and networks to assist operators and device manufacturers in delivering high quality products and services to their customers. We do this by counting and measuring operational information in mobile devices – feature phones, smartphones and tablets. This information is used by our customers as a mission critical tool to improve the quality of the network, understand device issues and ultimately improve the user experience. Our software is embedded by device manufacturers along with other diagnostic tools and software prior to shipment. While we look at many aspects of a device’s performance, we are counting and summarizing performance, not recording keystrokes or providing tracking tools. The metrics and tools we derive are not designed to deliver such information, nor do we have any intention of developing such tools. The information gathered by Carrier IQ is done for the exclusive use of that customer, and Carrier IQ does not sell personal subscriber information to 3 parties. The information derived from devices is encrypted and secured within our customer’s network or in our audited and customer-approved facilities.

This denial was explicitly reiterated by the company in a release retracting a cease-and-desist letter to Eckhart that it had issued in response to some of his earlier work.

The video does appears to show that, at a minimum, Carrier IQ’s software has access to the user’s searches, text messages, and other keystrokes. (Skip to 8:40 or so for the guts of the demonstration.) The real question now is determining what the application does with that sort of access—how much of the user’s behavior is actually logged, at what level of detail that logging happens, and what is subsequently transmitted anywhere. This is what’s still not clear to me from the video. Automatic third-party access to all user actions, even if there is subsequent picking-and-choosing about what to log and what to send, seems bad enough in the absence of explicit permission from the user. And of course if Carrier IQ’s software turned out to actually be transmitting much or all of what it saw—well it’s hard to see how that would be legal. So I await further developments with interest.

The only reason Catholics like Joe Paterno and Darío Castrillón Hoyos are able to commit such uniquely awful crimes is because they are ethical in a way that run-of-the-mill godless folk cannot understand. Plus, I hereby stipulate that raping children is, admittedly, bad, mumble.

Even shorter: I don’t doubt that people whom I have just admitted committed evil acts are, in fact good, because [makes mysterious, several-part gesture with hand and wrists which magically resolves obvious contradictions.]

Today brings a well-argued critique of the British government’s latest moves on immigration policy by the Matt Cavanagh of the Institute for Public Policy Research (see also video; New Statesman column) . The UK now proposes (subject to a consultation) to make almost all immigration into the UK by non-EU workers temporary, with an upper limit of five years. There are a few exceptions for footballers, Russian oligarchs and others able and willing to deposit millions of pounds in a UK bank account, but even highly-skilled professionals will be kicked out when their time is up. Though hardly the most vulnerable group globally, I imagine this directly affects a substantial number of regular Crooked Timber readers: postgraduates and early-career academics from places like the US and Australia who apply in droves when we advertise permanent academic positions. In the Cameron-Clegg future, there will be no more Jerry Cohens, Ronald Dworkins, Amartya Sens or Susan Hurleys.
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