Will Apple’s security measures become standard?
With Apple’s new mobile operating system scheduled for release on Monday, it will be harder for the authorities to snoop around in confidential information on Apple devices. I’m thrilled. That’s partly because I’m an Apple user and I have all sorts of information that I am ethically required to keep secret. But mostly it’s because the government has become much too willing to snoop, and...
Read MorePunishing Janay Rice
In February, then-NFL running back Ray Rice assaulted his then-fiancée Janay Palmer. His conduct was inexcusable, and the response by law enforcement and the NFL was tepid. Mr. Rice was initially suspended for two games, and, although he was prosecuted, he escaped serious punishment by entering a diversion program. More information has slowly come to light, and public opinion has turned against...
Read MoreWould you rather trust Edward Snowden or the NSA?
As you know, unless you’re living under a rock, Edward Snowden is a former National Security Agency contractor who released records relating to the NSA’s PRISM project. Although PRISM’s scope remains obscure, it appears that the NSA has been mining all sorts of data from big tech and communications companies. That data surely includes so-called ‘metadata,’ which is information about...
Read MoreOregon’s restitution laws need reform
Over the last ten years or so, the legislature has changed the statutes relating to restitution. Restitution refers to a criminal defendant’s obligation to pay the victim for the economic harm caused by the crime. Restitution was once intended to be primarily a part of the punishment, and the judge had the discretion to impose reduced restitution, or no restitution. Now, restitution is intended...
Read MoreGrey rape, and when no means no.
This issue seems to cycle in and out of the public consciousness, maybe in response to a stupid comment by a politician (remember Todd Akin?), or a heated debate between blogs as summarized in this Slate XX blog entry. Those debates, which I can remember having in a course on the philosophy of sex and love in college, only permit black-and-white answers like “no means no” when they aren’t...
Read More‘Victim’s rights’ should include the right to lenience.
Over the last twenty years, the ‘victim’s rights’ movement has fueled major changes in criminal law. Oregon victim’s-rights law permits a victim to attend judicial proceedings and to obtain information about the process. Further, as a practical matter, the prosecutor will typically consult with the victim about plea-bargaining, at least if the victim wants to be consulted. There’s a...
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