Law disordered?

I loved the cropping of the photo The Guardian used for John Crace‘s write-up of the home secretary’s speech at the Conservative party conference yesterday.

Tories reveal themselves as party of lawlessness and disorder
“Today, here in Manchester, the Conservative party takes its rightful place as the Party of Law and Order in Britain once again,” she began. Er … run that past us again, Priti. Psycho Geoff on his way home to the Cotswolds in the back of a police car under armed guard. The prime minister has been accused of groping two women at the same time and channelling public funds to a woman with whom he had an affair. The government judged by the supreme court to have acted unlawfully over prorogation. The full-on search to find a way of getting round the Benn Act. Mark Francois committing crimes against his own sanity. Right now, it was harder to find someone in the Tory party without serious form.

These clowns are a joke.

A brief moment of clarity

In all the muddle and obfuscation swirling around the Brexit miasma, the judgment of the supreme court on the legality of Boris Johnson’s prorogation provided welcome evidence of intelligence and crystal-clear language.

From the full judgment:

JUDGMENT R (on the application of Miller) (Appellant) v The Prime Minister  Respondent) Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland)
55. Let us remind ourselves of the foundations of our constitution. We live in a representative democracy. The House of Commons exists because the people have elected its members. The Government is not directly elected by the people (unlike the position in some other democracies). The Government exists because it has the confidence of the House of Commons. It has no democratic legitimacy other than that. This means that it is accountable to the House of Commons – and indeed to the House of Lords – for its actions, remembering always that the actual task of governing is for the executive and not for Parliament or the courts. The first question, therefore, is whether the Prime Minister’s action had the effect of frustrating or preventing the constitutional role of Parliament in holding the Government to account.

56. The answer is that of course it did.

Loving that ‘of course’.

61. It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason – let alone a good reason – to advise Her Majesty to prorogue Parliament for five weeks, from 9th or 12th September until 14th October. We cannot speculate, in the absence of further evidence, upon what such reasons might have been. It follows that the decision was unlawful.

And from the summary:

R (on the application of Miller) (Appellant) v The Prime Minister (Respondent) Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland)
This Court has already concluded that the Prime Minister’s advice to Her Majesty was unlawful, void and of no effect. … The prorogation was also void and of no effect. Parliament has not been prorogued. This is the unanimous judgment of all 11 Justices.

Art theft and protection

What starts off as a celebration or glamorisation, almost, of theft soon dissolves into quite a sad character study.

The Secrets of the world’s greatest art thief
“Don’t worry about parking the car,” says the art thief. “Anywhere near the museum is fine.” When it comes to stealing from museums, Stéphane Breitwieser is virtually peerless. He is one of the most prolific and successful art thieves who have ever lived. Done right, his technique—daytime, no violence, performed like a magic trick, sometimes with guards in the room—never involves a dash to a getaway car. And done wrong, a parking spot is the least of his worries …

Breitwieser and Kleinklaus, though, have no friends. “I’ve always been a loner,” he says. “I don’t want any friends.” Kleinklaus, he claims, feels the same. They occasionally spend time with acquaintances but never invite anyone over. If repairs are needed in his room, he does them himself. Nobody is allowed to enter, ever, except him and his girlfriend. “We lived in a closed universe,” Breitwieser says.

They’re both nearing 30 years old when their universe starts to crumble. A notion had been building in Kleinklaus ever since the night they spent in police custody in Switzerland—that perhaps there’s something more fulfilling than life as an outlaw and rooms filled with riches. She’d like to start a family. But not, she realizes, with the man she’s been dating for almost a decade. There is no option for a child in their conscribed existence. They could be arrested at any minute; they can’t even entertain visitors. She begins to feel suffocated.

Quite the cult figure – the art thief becoming the art subject, as well as the inspiration for a movie.

He seemed not to be in it for the money. But Banksy, on the other hand …?

The fascinating legal conundrum facing Banksy
Although the court confirmed that Pest Control trademark registrations were valid, the judge noted that the documents filed in the proceedings showed just limited use of Banksy brand. Basically, the Banksy logo is only used on certificates of authenticity released on Pest Control letterhead, and on some canvas frames. This is a clear weak point in Banksy and Pest Control’s legal strategy going forward. If Banksy wants to keep enforcing any of his trademarks in courts around the world, and avoid the risk of them being canceled for lack of use, he will need to show judges stronger evidence of his brands being used in the market. This probably means he needs to start regularly producing and selling his own branded merchandise through a specialized commercial vehicle, which so far has not really happened–and may be considered by Banksy himself as antithetical to the very anti-capitalistic message he wants to convey through his art.

IT in the dock

Things aren’t going well in the courts at the moment.

HMCTS suffers major IT issues
Significant IT issues at the HM Courts and Tribunal Service (HMCTS) have caused chaos across the UK’s courts as users have been unable to connect to the network and use IT systems that require access to it.

The issues began last week and are mainly affecting devices trying to connect to the main Ministry of Justice (MoJ) network, which is used by the department as well as all its agencies and several arm’s-length bodies.

Law courts in chaos as IT meltdown disrupts thousands of cases
The communication failures, which started last week, are a significant embarrassment for the Ministry of Justice, which is investing £1.2bn in a high-profile programme promoting online hearings which aims to replace the legal profession’s traditional reliance on mountains of paperwork.

The IT breakdown meant that staff at the MoJ were unable to send emails, wireless connections went down, jurors could not be enrolled and barristers could not register for attendance payments. Courts were left unsure of when some defendants were due to appear and some court files could not be retrieved, leading to prosecutions being adjourned.

The Register had reported on this a few days before, when the problem seemed to be restricted to just their CJSM (Criminal Justice Secure eMail) system.

Lawyers’ secure email network goes down, firm says it’ll take 2 weeks to restore
For reasons that were not immediately clear, Egress Technologies, provider of CJSM, said in an emailed update to users seen by The Register that restoring CJSM would involve wiping their mailboxes for up to two weeks.

It’s now more serious than that.

Nationwide UK court IT failure farce ‘not the result of a cyber attack’ – Justice Ministry
The Ministry of Justice has said a data centre outage was responsible for the widespread collapse of the UK’s civil and criminal court IT infrastructure over the past days.

In a statement to Parliament today, justice minister Lucy Frazer pinned the fault on Atos and Microsoft, saying there had been an “infrastructure failure in our suppliers’ data centre”.

Here’s a report from 2016, highlighting the issues the department was facing…

Ministry of Justice IT systems are ‘fragile and precarious’, say MPs
The Ministry of Justice (MoJ) must get to grips with its poor IT systems or risk “further demoralising essential staff”, the Public Accounts Committee (PAC) has warned. […]

“ICT systems in probation are inefficient, unreliable and hard to use,” the PAC said. “In a service that relies on successful joint working between multiple partners, it is essential that ICT supports, rather than frustrates, effective and efficient collaboration. This is far from the case for probation.”

… which led to the £1,000,000,000 plan to “transform courts with better use of technology”.

UK justice system set for ‘wholesale shift’ to digital
The reform programme foresees “a wholesale shift to accessing justice digitally” and flags up two “significant developments” that will affect the way courts and tribunals operate: “The first is our aim for all cases to be started online, whether or not they are scheduled for the traditional system or for online resolution. The second will be the completion of some cases entirely online, which will be much more convenient for everyone involved.”

How was that received? With not much confidence, it seems.

PAC doubts justice system transformation programme will be a success
Public Accounts Committee says it’s difficult to see how the government’s “extremely challenging” £1.2bn project to overhaul courts through use of technology “will ever work”.

I don’t know if that’s related to today’s IT breakdowns there, but it makes you wonder.

Nobody to blame but himself

Here’s the conclusion of a story I spotted some time ago.

Oxford University not at fault for graduate’s 2:1 as he may have ‘simply coasted’, judge rules
The judge added that it was possible that Mr Siddiqui “simply gets over-anxious during the examination process and does not do himself justice on occasions”. He added: “However, anxiety producing a less than otherwise merited result is not an unfamiliar examination scenario generally nor, in his case, is it the fault or responsibility of his teachers.” Mr Siddiqui “has a very significant track record for looking for someone else or some other factor to blame for any failure on his part to achieve what he perceives to have been the right result for him”, he said.

It had been going on since 2016.

Oxford University is sued for £1 million by a former student named Faiz Siddiqui over his unsuccessful career
The university, for its part, wants the lawsuit thrown out—mostly because of the decade and a half that’s passed since Siddiqui graduated. While some students in the US have seen success in suing their schools, those campuses (including Donald Trump’s legally-tangled real estate university) tended to skew toward the non-elite, for-profit field, and were not established institutions like 1,100-year-old Oxford.

I can’t help but think if he had spent as much time and energy on his degree in the first place, as he has on the lawsuit following it, he wouldn’t now be in this position. Who knows how much pursuing that case would have cost him, both in terms of money and reputation.

Why Groklaw shut down

Groklaw, Pamela Jones’s website reporting on legal issues around the Free and Open Source Software community, closed down and she herself wants to “get off of the Internet to the degree it’s possible.” Loss of privacy, forced exposure, the dehumanising nature of total surveillance: issues I’ve been vaguely aware of recently, but never really thought about seriously. Her post explaining why she’s shut down her blog is the first thing I’ve read that I’ve understood, I think, with all this.

“Anyway, one resource was excerpts from a book by Janna Malamud Smith, ‘Private Matters: In Defense of the Personal Life’, and I encourage you to read it. I encourage the President and the NSA to read it too. I know. They aren’t listening to me. Not that way, anyhow. But it’s important, because the point of the book is that privacy is vital to being human, which is why one of the worst punishments there is is total surveillance.”

http://www.groklaw.net/article.php?story=20130818120421175

Leading managers, failing students

Student debt

‘Rent arrears’ student wins right to graduate
Tommy Geddes, deputy vice-chancellor of the University of Winchester, said: “The university has reached a settlement with Maria that allows her to graduate without being in debt to the university. “We have reached a settlement in order to save costs and the university has not made any admission of liability with respect to its right to bar students from graduating while in debt.”