Topic: Law and Civil Liberties

Debating the Law of the Sea Treaty

The Law of the Sea Treaty (dubbed LOST by opponents, and LOS by supporters), represents the culmination of a decades-long project to clarify the rules governing the oceans, from the seabed to the waves. The treaty, first rejected by President Reagan in 1982, has been revised over the years; now prominent Republicans, including Indiana Senator Richard Lugar, are urging passage. The Bush Administration has quietly endorsed the process.

Doug Bandow, who wrote a paper for Cato on the subject two years ago, makes a strong case for why the Senate should reject the treaty and continue with the status quo. He squares off this week against Raj Purohit of Citizens for Global Solutions in an online debate at the Partnership for a Secure America.

If you haven’t followed the issue closely, Doug and Raj do a good job of spelling out the relevant arguments for and against.

Mississippi Scandal

Several years ago there was a scandal in West Virginia when people discovered that one of the state’s medical examiners, Fred Zane, did sloppy work and just made things up as he was giving so-called “expert testimony” in criminal trials. Radley Balko seems to have uncovered a similar scandal in Mississippi

For more about Radley Balko’s investigative reporting from Mississippi, read this

Governor Spitzer Gets It Right

In a Cato TechKnowledge newsletter issued today, I’ve updated the world on the status of the REAL ID Act.

One of the more interesting recent developments is the decision by New York Governor Eliot Spitzer to break the link between driver licensing and immigration status. He and the Department of Motor Vehicles commissioner announced the policy September 21st.

De-linking driver licensing and immigration will reduce unlicensed driving, uninsured driving, hit-and-run driving, insurance costs for legal drivers, and roadway injuries. Linking driving and immigration status is a requirement of REAL ID, and Spitzer’s move is another nail in the coffin of this national ID law.

In my TechKnowledge piece, I laud the governor’s action as follows:

Spitzer is not willing to shed the blood of New Yorkers to “take a stand” on immigration, which is not a problem state governments are supposed to solve anyway.It’s a welcome — and somewhat surprising — move, to see a Democrat and law-and-order-type former attorney general resist mission creep in a state bureau and hold fast to the federal system devised in the constitution. But he’s done the right thing. Thanks most recently to Governor Spitzer, and to state leaders from across the ideological spectrum, REAL ID is in collapse.

The move has subjected Spitzer to withering political attacks from Republicans. The attack most embarassing to witness, though, comes from “relatives of 9/11 victims.”

More Reckless Raids?

Today’s NYT reports on reckless pre-dawn raids by immigration officials in New York. Excerpt:

“These were like dragnets being cast over entire houses,” said Nadia Marin-Molina, director of the Workplace Project, an immigrant advocacy organization in Hempstead that has gathered many of the complaints.

The complaints echo a federal lawsuit filed last month in Manhattan contending that immigration agents unlawfully force their way into the homes of Latino families in violation of the Fourth Amendment’s protection from unreasonable searches.

“We have been inundated with calls,” said Cesar Perales, director of the Puerto Rican Legal Defense and Education Fund, which filed the lawsuit. “People are terrified by these indiscriminate raids.”

It is a familiar tale of agents bursting into homes when the occupants are asleep and without having done sufficient investigative work in advance of the raid.  Such tactics produce unnecessary violence.  Sometimes the residents, understandably, think their home is being invaded by criminals. 

The Antitrust Religion

Many successful American businesses have been accused of anti-competitive practices. In The Antitrust Religion, a new book published by the Cato Institute, attorney and author Edwin S. Rockefeller argues that much of the conventional wisdom about antitrust is wrong. Drawing on 50 years of experience with U.S. antitrust laws, Rockefeller sheds light on why lawmakers, bureaucrats, academics, and journalists use arbitrary and irrational laws and enforcement mechanisms to punish capitalists rather than promote competition.

Rockefeller also participated in a Cato daily podcast about the book.

Police Create Roadblock to Collect DNA Samples for Private Research Firm

(This story was originally sent last week by Declan McCullagh to his politech e-mail group. Most of Declan’s e-mail follows.)

The Gilpin County Sheriff’s Office in Colorado, a rural area not that far west of Denver, recently set up a highway checkpoint where motorists were stopped and, at least in some cases, not allowed to leave until they gave breath, blood, and saliva samples for the benefit of a private research firm. A report by Ernie Hancock says the National Highway Traffic Safety Administration was involved as well.

A Denver Post article is here:
http://www.denverpost.com/headlines/ci_6922089

More:
http://cw2.trb.com/news/kwgn-invasive-checkpoint,0,2092732.story
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=57733

http://freedomsphoenix.com/Discussion-Page.htm?InfoNo=024006

The Post says the private organization in question is the Pacific Institute for Research and Evaluation, or PIRE, in Calverton, MD. Their Web site seems to be down but can be viewed here:
http://web.archive.org/web/20050826173038/www.pire.org/

The thoroughly-misnamed PIRE is a major DC government contractor (and in fact its offices are within walking distance of the Beltway). It specializes in funneling over $35 million of taxpayer money a year into its own coffers through law enforcement contracts of dubious utility, mostly dealing with drugs and alcohol, from sources including the U.S. Department of Justice. 100 percent of its budget appears to come from government contracts or grants.

Although PIRE pretends to be a “nonprofit” organization – at least that label helps to collect those fat taxpayer-funded checks from the DOJ – in reality it spends about $1.35 million a year on lobbyists. Not a bad 30-fold return on investment. And its employees are paid six-figure salaries that would be handsome even by for-profit standards.

PIRE seems to specialize in devising new and intrusive ways of government meddling in personal lives. One PIRE success story helps to coerce retailers to card octogenarians who dare to try to buy a bottle of Cabernet. (“This method of enforcement gives retailers the necessary incentive to comply with the state’s law regarding the sale of alcohol, given that their next customer could be part of a compliance check. The Pacific Institute for Research and Evaluation (PIRE) has developed a detailed document to assist in the development and implementation of compliance checks.” See:
http://www.nhtsa.dot.gov/people/injury/alcohol/dotpartners/chapter_5.htm

PIRE is an ardent supporter of the War On (Some Politically Unacceptable) Drugs, also known as an excellent way for Feds and contractors to fleece the public in a war that will never end, eviscerate the Fourth Amendment, and create a police state with perfectly legal no-knock raids. One PIRE researcher who focuses on “middle-school-based drug prevention programs” and has written a paper claiming anti-drug programs in schools actually work:
http://www.nida.nih.gov/Meetings/Prevention/PrevBios4.html

PIRE also supports higher taxes on alcohol and firmly opposes lowering the minimum drinking age to be akin to Europe or Canada (something that would probably do much to limit abuse). See:
http://www.higheredcenter.org/thisweek/tw010629.html
http://resources.prev.org/documents/BeerTaxesNewsRelease.pdf