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Showing posts with label Secure. Show all posts
Showing posts with label Secure. Show all posts

Wednesday, January 16, 2013

Why Can't Schools Secure Themselves?


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My inbox has been slammed with notes concerning the killings at Sandy Hook Elementary in Newtown, Conn. Given the accessibility of information, and the pace at which it travels, people have treated this event as not just a case of a ghastly local crime, but much more than that, a signal and a wake-up call to the culture at large.

There is no harm in such reflections. The 500-year-old trend toward ever less violent societies ? a trend that continues to go in the right direction in our time ? should be pushed further in the right direction through education and cultural change.

Still, it might be beneficial to ask more focused questions about the problem of security at schools in particular.

In the days that followed the killing, my browser kept taking me back to a Wikipedia link about the Gun-Free School Zones Act of 1990. The law, still intact after many challenges and rewrites, reads: ?It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.?

Guns of all sorts are banned anywhere near schools. If the government?s laws had worked, this killer would have realized that his plan was unachievable. After all, the world?s most powerful government had banned the whole idea of guns at school.

But the law did not work, at least not as intended. On the contrary. The killer could be pretty sure going into this that he would be the only one at the school with a gun.

Think of this: Schools in particular have been singled out as a place without the ability to defend against violence. The law has been challenged and revised and debated ever since, but the bottom line stands. Have school shootings declined? Most major shootings now occur in gun-free zones, and nearly twice as many since the act passed than in the 20 years prior. (See the full list.)

People have wrongly tended to reduce the debate to more gun ownership or more gun control. It?s clear where the Obama administration wants to take this: toward more centralized control and fewer gun rights. The right responds by pointing to the example of Israel where teachers are heavily armed. That?s the choice the mainstream gives us.

Actually, the framing of the whole debate is wrong. It is not about whether teachers should be armed or whether guns should be banned for everyone but state-employed cops. The real issue is whether any institution in society is going to be in charge of its own security, and not be forced to obey the government?s plan.

Schools face a problem not different in kind from any other issue of security affecting banks, convenience stores, jewelry stores, theaters, homes, or churches. All these institutions are constantly threatened with violence from random sources. They must all make judgments about the risk of violence and how best to deal with it. There is no one aggregate solution that applies in every case. Each institution needs to determine security for itself.

Just days after Sandy Hook, a shooter attempted to gun down people at the Mayan Palace Theatre in San Antonio, Texas. An off-duty deputy whipped out her own gun and blasted him before the killer could reenact the rampage at the movie theater in Aurora, Colo. This is probably the first you have heard about this precisely because the tragedy was averted. The institution will learn from the event and respond in a way that is rational and not injurious of human rights and liberties.

Because school killings engender special social outrage, legislators made them an exception, and this was before airports and airlines received similarly treatment 11 years later with the creation of the Transportation Security Administration. Guns of any sort, unless carried by a cop, were not permitted to be part of anyone?s security solution. The federal government knew best, even to the point at which the federal law trumped state laws on guns.

Does this figure into the calculation that would-be killers make as they plot their malicious acts? Certainly. Advertising a place as gun-free by law is an invitation to killers. The law says to them that if they can get in, they will have a monopoly on violence. No efforts at defense will be available on the premises to protect the teachers and the kids. I don?t see how it could be controversial to suggest that this law is a very bad idea.

To be sure, these killings might have happened anyway. Dealing with violence was the last thing on anyone?s mind in this quiet and prosperous community school. All the events might have transpired as they did regardless. The point is that the law removes viable options for the school in dealing with security concerns. It says: We, the government, know what is best, and our way is the only way.

This is a terrible way to deal with any issue of security.

I am not saying that the school in question should have armed the teachers, the principal, or the students. What matters is who is in charge of security. What kind of incentives does the surety of the absence of effective security grant would-be murders?

Think of this in the case of your home. Let?s say your community passed a Gun-Free Home Act. Is such a law going to be something taken note of by would-be intruders? Is a criminal going to be more or less likely to enter a home knowing with certainty that all law-abiding citizens will not have the means to protect themselves?

Some people might respond that they don?t want to live in a society in which school administrators have to carry weapons. I completely agree. But wishing does nothing to deal with the problem of anti-social behavior on the part of a tiny minority. A tiny group is capable of ruining the social order for the rest of us, which is why we need mechanisms in place to deal with them.

It?s true in every aspect of life, whether our homes or online forums or banks or schools. Ownership is what allows the security calculation to be rational. Without private property, the destructive element rules.

In the online world, these people are known as trolls. In the online world, they can?t be violent, but they can wreck a good thing. A forum that cannot control them or kick them off is not long for this world. If the federal government had passed the No-Troll Act as a way of securing online communities against them, the forums would be all destroyed by now.

It is right and proper to wish for a society of perfect peace. But it is also very smart to have institutions in place that deal with those who do not want peace. Traditionally, people have relied on government to provide this service. This is a grave mistake. Security is inseparable from private property and the institutions of the market economy.

The reason violent crime has fallen by 65% since 1993 has not been government. It has been the private sector?s creation of advanced technology in the hands of private enterprise: surveillance cameras, private security, alarm systems, increasingly sophisticated systems of screening, and so on. Guns in the hands of private owners have been part of that solution.

The best path forward for schools in particular is to get out from under the protection of government and be put on the same status as regular commercial establishments. Private establishments that own and control their own space provide better security.

Whenever any institution is singled out for special protection by government and called too important to manage itself, that institution needs to worry about its future. That?s why the ultimate solution to public school violence is the full privatization of security and of the schools themselves.

At the very least, we need a repeal of the laws that make it impossible for schools to find their own solutions to the threat of violence. In the name of human rights, security needs to be privatized, whether government likes it or not.
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Jeffrey Tucker is the publisher and executive editor of Laissez-Faire Books, the Primus inter pares of the Laissez Faire Club, and the author of Bourbon for Breakfast: Living Outside the Statist Quo, It's a Jetsons World: Private Miracles and Public Crimes, and A Beautiful Anarchy: How to Build Your Own Civilization in the Digital Age, among thousands of articles. Click to sign up for his free daily letter. Email him: tucker@lfb.org | Facebook | Twitter


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Jeffrey, is it not the case that in these mass shootings the gunman turns the gun on himself, so I doubt cameras and the like will effect much change (Actually the egos of some may be even more tempted). The simple fact is the more guns there are, the more killings there are. Your interpretation otherwise is just another twisted imagining of 'how so wonderful things might be' in the dreamt land of AL. In such imaginings you only ever look for dreamy positive. How about getting real about some dreamy negatives too. At least then your dreams will have some balance to them, though they will still be but dreams. I honestly can't see any difference but positive dreamy communists and positive
dreamy AL's. GET REAL and stop being impressed by philosophical idealism. More guns more killings does not correlate with less guns = less killings.

The big problem people always skip over when proposing any sort of gun control is that laws don't stop criminals. Simple as that. That's why criminals exist - because they disobey laws. Allow people who want to bear their arms to bear them when and wherever they choose - and I assure you gun violence will drop, if just due to deterrence knowing plenty of people will pop someone full of lead before he can get his killing on. If not, then he is dead, and one less psycho to murder children.

I see plenty of people - hundreds if not thousands - when i visit gun shows - every single one packing heat. Not once has any of them attempted or threatened to attempt to kill everyone there. For one of two reasons - 1) They aren't an insane psychopath who wants to kill soneone - 2) As soon as that gun leaves the holster and anyone hears a slide click, he'll be hit with more full jacket hollow points than pumpkins after halloween in Alabama.

And actually, in most cases the gunman DOES turn the gun on himself. Look at all of the last major gun incidents - in each and every one the gunman killed himself or was killed by police/armed bystander before they could finish their rampage.

Actually the United States has 300 million guns but only about 10,000 gun homicides each year. A country like Brazil has 15 million guns but has 35,000 gun homicides per year. Mexico has 15 million guns but only 10,000 gun homicides a year.

So to recap,
Brazil guns < United States guns
Brazil gun homicides > United States gun homicides

Most of the gun killings in the U.S. are gang related, aka drug war related, so the gun violence statistics are a fraud. If people really cared about "gun violence" they'd advocate abolishing the war on drugs, not stealing law abiding citizens guns leaving them at the mercy of armed criminals. Of course, this doesn't include the "gun violence" carried out by the government against it's own citizens, that's one situation where I am in favor of gun control, namely taking guns out of the hands of police. School should now be taught at home, no doubt about it, everyone just about has an internet connection and it would save the state millions on transportation of students and save billions on upkeep of buildings that are only used 3/4 of the year! Teachers could teach from a sketch pad from a facility and at each days end computers could automatically compute all students actions and grades without the teacher having to waste all afternoon going over work! Seems like a lot of shit has been created to fill pockets of the oil companies as you can see in front of us right fucking now! @ keudo

That's what hypnotized shooters are supposed to do for their programmers, they do the dirty work and then they are programmed to suicide!

Centuries of hypnotic experiments and people still have to get a clue... Are you guys serious? you want to compare USA with Brazil and Mexico, I should think that's comparing apples with pears, (no disrespect to B and M intended). How about comparing yourself to any Euro country and you get a very different answer. Australia also can offer you guys a very clear example of regulation working. Regulation came in after we had a tragedy and its been very effective. Now our only shooting problems are with gangs shooting each other with illegal weapons. Thats the thing about 'illegal' weapons, not so easy
for just anyone to get hold of them.
And for you dreamy guys that are so certain that private home education is the be end and end all for kids education, well turns out that children that go to school earlier, develop better then those who don't. Even the over populated classroom concerns turn out to be a fallacy as those kids show even greater social IQ, hardly surprising.
Good luck with your prison schools. I can promise you that all us in the first world don't wish for armed guards at our kindy school nor teachers needing to be trained shooters.
Time to grow up america and leave your cowboy mentality behind. And chris I agree, lets get guns out of the hands of police too. In Australia we unfortunately do have armed police but New Zealand our comparative neighbor doesn't and I don't believe there is any difference in policing outcomes. Both also have comparative Gov'ts. And just to clarify, I'm not against home schooling, if you know its right for your child, go right ahead. I used to be adamantly anti early schooling too, believing
some hippy notion that home and family is best. But I tell you my child just loved school immediately. Kids learn from each other best, not from long legged mums and dads. And regular school is loved by very many children, I caution you not to deprive them because of some 'western prairie' philosophical idealism. And Keudo you live in a hollywood movie logic world. Hysterically funny scene with all that holster pulling gaff, but in reality just nonsense.

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Monday, October 22, 2012

No Duty to Secure Wi-Fi from BitTorrent Pirates, Judge Rules


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by Ernesto

A crucial ruling in one of the ongoing BitTorrent lawsuits in the United States has delivered a clear win for open Wi-Fi operators. Among other things, California Judge Phyllis Hamilton ruled that Internet subscribers are not required to secure their wireless networks to prevent outsiders from pirating movies. In other words, people can?t be held liable for the alleged infringements of other people on their network.

BitTorrent lawsuits have been dragging on for more than two years in the US, involving more than a quarter million alleged illicit file-sharers.

The copyright holders who start these cases generally provide nothing more than an IP-address as evidence. They then ask the courts to grant a subpoena which allows them to request the personal details of the alleged offenders from their Internet providers.

The problem with this scheme, however, is that the person who pays the Internet bills may not be the person who pirating the movie or song in question. Several judges have noted that an IP-address is not a person, much to the disappointment of copyright holders.

To counter this argument copyright holders have introduced the ?negligence? theory, arguing that Internet subscribers are liable when other people pirate files through their networks. This would allow copyright holders to sue people even when their targets haven?t committed an offense.

One of these cases was decided last week in favor of the Internet subscriber.

The case was started by adult video company AF Holdings who sued an Internet account holder called Josh Hatfield in a California federal court. AF Holdings claimed that Hatfield had a "duty to secure his Internet connection," and that he "breached that duty by failing to secure his Internet connection."

As a result, AF Holdings argued that Hatfield was liable for the copyright infringements that were committed by an unknown person. Mr. Hatfield disagreed with this claim, and argued that the copyright holder couldn?t prove that people are obliged to secure their wireless networks to prevent piracy.

In her verdict Judge Phyllis Hamilton sided with the defendant.

?AF Holdings has not articulated any basis for imposing on Hatfield a legal duty to prevent the infringement of AF Holdings' copyrighted works, and the court is aware of none,? Hamilton writes.

?Hatfield is not alleged to have any special relationship with AF Holdings that would give rise to a duty to protect AF Holdings' copyrights, and is also not alleged to have engaged in any misfeasance by which he created a risk of peril,? she adds.

In addition to this lack of duty of care, Judge Hamilton ruled that even if negligence could be proven then ?personal injury? state law would be preempted by federal copyright law.

The ruling in the current case is similar to that of Judge Lewis Kaplan in New York earlier this year although perhaps even stronger ? Judge Hamilton specifically rules that Internet subscribers don?t have an obligation towards copyright holders to secure their Wi-Fi.

The Electronic Frontier Foundation (EFF), who have helped out many alleged BitTorrent pirates over the years, are happy with the outcome.

?This ruling, along with the Tabora ruling in New York, send a strong judicial message that copyright owners can?t use legal tricks to bypass the law?s protections for Internet access points,? EFF?s Mitch Stolz writes.

?There are still many open cases in the federal courts where copyright owners are trying to use this bogus legal theory,? he adds.

The ruling is definitely a setback for the many copyright holders who jumped aboard the lucrative BitTorrent lawsuit bandwagon. Should more judges reach the same conclusion in future cases the end of this type of lawsuit in the U.S. may very well be near.


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