Taglaw

Shall Do What Thou Wilt Be the Whole of the Tech?

Image Copyright The Independent UK

There is nothing that is not magick, if apprehended correctly, and there is nothing that is not technology for the same reasons. We’ve mentioned, before, that the roots for both technology and magick are in “craft.” The Greek root for this is “Techne,” and you can look to Athena and Hekate and Hermes and Hephaestus and see deities of both Art and Artifice. They are goddesses and gods of skill and cunning and language and creation and weaving—stories and textiles—and theft and all of these things are bound together.

This is part of why we talk, here, about magic and technology, and what “artificial intelligence” really means when we break it down.

But the Western world’s Greek ancestors aren’t the only ones who bound their technology and their magic together. Egypt saw Thoth creating language and magic, being a god of technology and the repository of all memory and knowledge. Odin is the Master Speller and the great artificer (and thief and Cunning Man). Legba and Ellegua are spiritually tied to crossroads, thresholds, beginnings, endings, and communications, making the Lwa the obvious choice for Gibson to map onto the Internet.

And in all of this we have the root technology of language. The manipulation of words and memories and “spelling” and, again, “craft.” Kim Boekbinder reminded us, some weeks ago, that, “Songs are spells, incantations. Careful what you sing for. Songs are spells. Be mindful of what you listen to.” And we’re back around to phonomancy, again. But these are the more poetic uses of language, and their intent, as stated, is to hit you in the heart, in the viscera, in the instinct. Less prosaic (but no less powerful) uses of language than these are laws.

The law is a spell that works on you, at every moment, whether you will it or not. Laws are the codification and concretization of moral codes and systems of justice, all of which are derivations of a society’s values. They are the concentrated beliefs and essences of what people think and feel and believe are best, and their particular parsing and deployment can have long lasting, permanent effects on your life, even at great distance from you, and without your conscious knowledge. But, just like other forms of magick, the law can be learned, can be understood, and in most cultures, one can even become fully initiated into its mysteries. And when you know the law, you can use it to your own advantage.

The law is alive, and somewhat adaptable, but it’s also rigid, the pace of its change is often glacial, and its outcomes are not always Justice. The knowledge and recognition of that last fact allows for those who see antiquated and even repressive expressions of the law to do things like erecting a 9-foot-tall Baphomet Statue, and carrying it around the country to places where one religion’s views seem to be given state-sanctioned preference. Or Wiccans and Pagans working out how best to use various “Religious Freedom Restoration Acts” against the people who only ever seem to mean Christian religious freedom.

If we understand the law as a technology of social control, we can see the cruxes of influence and words of power that allow us to utilize it, and to leverage its often purposefully-occult nature. We can, as with many ritual forms, use it to transgress against itself, to subvert its grasp long enough to craft a more permanent solution.

3 Things to Read in the Wake of the Non-Indictment in Fergeson

The web is full of stories about the non-indictment of Darren Wilson today, so you probably don’t need to hear from me about it. But if you just home from work and only just started trying to sift through the links of the day, here are a few suggestions.

First, Ezra Klein says what a lot of people were thinking: Officer Darren Wilson’s story is unbelievable. Literally..

Usually a story as fishy as Wilson’s would be enough for an indictment, but it’s highly unusual to actually hear testimony from the accused in a grand jury trial, Jeffrey Toobin writes for the New Yorker. After all, the grand jury trial isn’t meant to determine Wilson’s guilt or innocence, just whether prosecutors have enough evidence to merit a case. That’s why some have described the grand jury trial as an alternative to a real trial.

Toobin writes:

Some might suggest that all cases should be treated the way McCulloch handled Wilson before the grand jury, with a full-fledged mini-trial of all the incriminating and exculpatory evidence presented at this preliminary stage. Of course, the cost of such an approach, in both time and money, would be prohibitive, and there is no guarantee that the ultimate resolutions of most cases would be any more just. In any event, reserving this kind of special treatment for white police officers charged with killing black suspects cannot be an appropriate resolution.

In other words, the trial itself is yet another example of the gross inequalities in our country.

Zooming out from Fergeson, the The Salt Lake Tribune reports that killings by Utah police have outpaced other homicides in the state:

Over a five-year period, data show that fatal shootings by police officers in Utah ranked second only to homicides of intimate partners.
In the past five years, more Utahns have been killed by police than by gang members.

Or drug dealers. Or from child abuse.

And so far this year, deadly force by police has claimed more lives — 13, including a Saturday shooting in South Jordan — than has violence between spouses and dating partners.

The article doesn’t dive into racial dynamics of police shootings in the state, but you can bet that it’s not pretty. Just another reminder that the police are out of control.

Why Robocops Need to be Less Efficient Than Human Coaps

iRobot security robot

New from me at Wired:

Automation is also framed as a way to make law enforcement more efficient. A red light camera can catch a lot more violations than a human can.

The rub is that extreme efficiency isn’t necessarily good thing. That’s what a group of researchers argue in a paper presented earlier this year at a conference on robot law in Miami. They go so far as to argue that inefficiency should be preserved, even increased, as we move to automated law enforcement.

That may sound counter-intuitive, but in the end, it makes good sense. Woodrow Hartzog, an assistant professor at Samford University’s Cumberland School of law and co-author of the paper, tells WIRED that, in some cases, making law enforcement less efficient just means putting humans back in the loop, allowing room for “inefficient” human judgments like mercy and compassion. “A robot can’t forgive certain infractions that are generally accepted,” he says.

Full Story: Wired: Why Robocops Need to be Less Efficient Than Human Coaps

Mindful Cyborgs talk with Kate Darling About Legal Rights for Robots

This week Chris Dancy and I talk with MIT Media Lab researcher Kate Darling about the case for legal protections for robots.

Download and Show Notes: Mindful Cyborgs: Emoji-ing Robots Seek to Fathom Their Origin

Torture In U.S. Prisons: The Longest Hunger Strike

Ann Neumann writes about William Coleman, a U.S. prisoner who has been on a hunger strike for the past five years:

There are two places in the U.S. where you can be fed against your will: a Catholic hospital and a prison.

Staff turned off the video camera typically used to record medical procedures. They strapped Coleman down at “four points” with seatbelt-like “therapeutic” restraints. Edward Blanchette, the internist and prison medical director at the time, pushed a thick, flexible tube up Coleman’s right nostril. Rubber scraped against cartilage and bone and drew blood. Coleman howled. As the tube snaked into his throat, it kinked, bringing the force of insertion onto the sharp edges of the bent tube. They thought he was resisting so they secured a wide mesh strap over his shoulders to keep him from moving. A nurse held his head. Blanchette finally realized that the tube had kinked and pulled it back out. He pushed a second tube up Coleman’s nose, down his throat, and into his stomach. Blanchette filled the tube with vanilla Ensure. Coleman’s nose bled. He gagged constantly against the tube. He puked. As they led him back to his cell, the cuffs of Coleman’s gray sweatshirt were soaked with snot, saliva, vomit, and blood.

“I have been tortured,” he would say later. And it was enough to make Coleman start drinking fluids again. For a while. When he stopped a few months later, the prison force-fed him again, and twelve more times over the next two years. By last year they could no longer use Coleman’s right nostril. A broken nose in his youth and repeated insertion of the tube have made it too sensitive.

Full Story: Guernica: The Longest Hunger Strike

See also: America’s Most Common Torture: Solitary Confinement

Anti-Doping In Sports: The New Front In The War On Drugs

Brian Alexander writes:

If you’re like most Americans, you watched the Tour de France for about five minutes, and cheered when Armstrong won. You know a little about his cancer charity, and that he dated a pop star. And that’s about the extent of emotional energy you’ve expended. Since I’ve written a lot about doping in sports – and delved into how anti-doping agencies like the United States Anti-Doping Agency (USADA) conduct business – I’ve expended a lot more energy on your behalf.

So here’s the thing you need to know: The USADA takedown of Armstrong matters, and it could effect everybody. Because it will enhance the power and reach of a private, non-profit business that has managed to harness the power of the federal government in what’s quickly becoming a brand new war on drugs … with all the same pitfalls brought to you by the first war on drugs. […]

In an eerie echo of the tactics used by the American House Un-American Activities Committee during the Red Scare days, the Australian agency issued a call this past November “to anyone involved with, or has information about, doping activity in the sport of cycling to come forward and talk before someone else accuses them of doping.” If you talk first, you can get credit for snitching. If you wait, well, who knows what somebody else might say about you?

Wired Playbook: Why Lance Armstrong’s Confession Should Make You Worry

See also: Hacking your body: Lance Armstrong and the science of doping

ProPublica Investigates Alleged Forensics Certification Mill ACFEI

For the last two years, ProPublica and PBS “Frontline,” in concert with other news organizations, have looked in-depth at death investigation in America, finding a pervasive lack of national standards that begins in the autopsy room and ends in court.

Expert witnesses routinely sway trial verdicts with testimony about fingerprints, ballistics, hair and fiber analysis and more, but there are no national standards to measure their competency or ensure that what they say is valid. A landmark 2009 report by the National Academy of Sciences called this lack of standards one of the most pressing problems facing the criminal justice system.

Over the last two decades, ACFEI has emerged as one of the largest forensic credentialing organizations in the country.

Among its members are top names in science and law, from Henry Lee, the renowned criminalist, to John Douglas, the former FBI profiler and bestselling author. Dr. Cyril Wecht, a prominent forensic pathologist and frequent TV commentator on high-profile crimes, chairs the group’s executive advisory board.

But ACFEI also has given its stamp of approval to far less celebrated characters. It welcomed Seymour Schlager, whose credentials were mailed to the prison where he was incarcerated for attempted murder. Zoe D. Katz – the name of a house cat enrolled by her owner in 2002 to show how easy it was to become certified by ACFEI — was issued credentials, too. More recently, Dr. Steven Hayne, a Mississippi pathologist whose testimony helped to convict two innocent men of murder, has used his ACFEI credential to bolster his status as an expert witness.

ProPublica: No Forensic Background? No Problem

Remember as you read this that people are being put to death, or put in prison for decades, because of the testimony of forensic experts.

See also:

This post rounds up a lot of past coverage of Hayne and the situation in Mississippi.

Combine bad forensics with the psychology of false confessions and what do you get? A recipe for sending innocent people to prison.

SubGenius Custody Battle Finally Over, but Reverend Magdalen is Still Banned From Keeping SubGenius Materials in Her Home

I’m a little late in reporting this, but here’s some good news:

The final deadline of September 22, 2010 came and went without any last-minute attempts by Reverend Magdalen’s former boyfriend to appeal the custody decision. This means that the custody case is now officially CLOSED IN THE STATE OF NEW YORK. Any further attempts to disrupt Magdalen’s relationship with her son would have to be filed in the state of Georgia. This means that he would most likely have to SPEND MONEY to do so.

In other words: After four years of hell and over $100,000 in costs to her, IT’S OVER. And the final result is an anticlimax: Magdalen, her husband, and her ex-boyfriend are back to the status quo. That, plus she is still the only SubGenius officially banned from keeping SubGenius materials in her home, where her innocent son might accidentally come across them and become corrupted into the corrupt, obscene, decadent SubGenius cult that got his Mom into trouble in the first place.

The High Weirdness Project: Reverend Magdalen

(Thanks Trevor)

I’m very saddened, however, that Magdalen is still banned from possessing SubGenius materials in her own home. That can’t possibly constitutional.

Fortress Iceland? Probably Not.

iceland

Throwing some cold water on the expectations Iceland as journalism haven:

, the problem is that whatever Iceland does, it can’t change the 500-pound gorilla of international media law: the principle that publication happens at the point of download, not the point of upload. The poster child case for this principle is Dow Jones & Co., Inc. v. Gutnick, a case that reached the High Court of Australia in 2002. In that case, Gutnick sued Barron’s Online for publishing an allegedly defamatory article about him, and despite the fact that no one in Australia other than Gutnick’s lawyers actually read the offending article, the judges unanimously ruled that Australian laws applied, and thus Dow Jones (publisher of Barron’s Online) was liable to Gutnick. At least at the time, the High Court of Australia was the highest court worldwide to hear a case involving this issue, and for better or worse, its ruling has carried the day in similar cases around the world since. […]

With the Gutnick ruling setting the current paradigm for international jurisdiction, the IMMI is not nearly the journalistic fortress it’s meant to be. Plaintiffs will still be able to sue in a libel-friendly jurisdiction (like London, for example) and thereby circumvent all the protections the IMMI is meant to offer. To be sure, if the publisher and his assets are entirely within Icelandic jurisdiction, the plaintiff may not be able to do much about the publication.

Read More – Citizen Media Law: Fortress Iceland? Probably Not.

(via Jay Rosen)

Self-help guru James Arthur Ray in court on manslaughter charges

james ray mug shot

The Secret contributor James Arthur Ray has been arrested after the deaths of 3 people at a $9,000+ “purification ceremony”:

Self-help guru James Arthur Ray says it was all a tragic accident when his followers began collapsing one by one in a sweat lodge at his retreat, with three of them dying. As unfortunate as the ordeal was, he says the participants knew about the risks the ceremony presented.

Prosecutors say it’s a blatant case of manslaughter by a man who recklessly crammed dozens of people in a 400-square-foot sweat lodge and chided them for wanting to leave, even as people were vomiting, getting burned by hot rocks and lying lifeless on the ground.

The two sides will be on display in coming months now that prosecutors have charged Ray with manslaughter in a case that could send him to prison for more than 35 years. The 52-year-old Ray said nothing during his first court appearance Thursday, and his lawyer entered a not guilty plea.

Business Week: Self-help guru in court on manslaughter charges

It’s a sad but interesting case. Ray is obviously an asshole, but is he also a murderer? If so, what about the people in the sweat lodge who didn’t die or pass-out? Are they also liable?

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