Monthly Archives: March 2013

Military Entanglement With Religion

The Center for Inquiry has produced a report called For God and Country: Religious Fundamentalism in the U.S. Military. It collects recent stories of breakdowns in the armed forces regarding the church/state wall of separation and makes some seemingly sensible recommendations:

Over the past decade there have been multiple news reports highlighting an intensified tension regarding what constitutes proper religious expression in the United States Armed Forces. However, there has been a scarce amount of thorough research examining the connection between these reports and, going further, proposing possible solutions. As a result, there has been a lack of information with which to stoke social and political will for change.

In this position paper, James Parco provides compelling evidence there has been a disturbing expansion and entrenchment of Christian fundamentalism in the U.S. military, a cultural force which remains at times both tacitly and overtly endorsed by senior military leaders. Parco supports his claim by presenting a number of case studies demonstrating a clear pattern of unconstitutional religiously sectarian behavior. He then analyzes the merits of the competing philosophical perspectives on the proper role of religious expression by men and women in uniform.

Parco concludes the report with recommendations that those in power should implement immediately in order to fully protect the U.S. military’s necessarily secular foundation and the religious freedom of all who volunteer to serve.

I would be shocked — pleased and shocked — if many of these recommendations were actually implemented any time soon. This is a problem that isn’t going away quickly.

(The report’s author, by the way, is a retired Lt. Colonel.)

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The Witness Perspective

Anyone who is, or is thinking of becoming, a prosecutor ought to read Life Inside the Aaron Swartz Investigation for Quinn Norton’s account of what it feels like to be a witness in a prosecution, including in a grand jury proceeding. I doubt that much of it, especially the run up to the grand jury, was an unusual experience, which will make it all the more instructive to participants in the legal system.

I haven’t written about the Aaron Swartz story because I don’t have much to say that hasn’t been said well and often elsewhere. What’s publicly available does suggest that prosecutors took a surprisingly tough line with Aaron Swartz (whom I believe I only met once, briefly, but who left a comment here once). This tough approach is consistent with an attitude I think is common to a lot of law enforcement and, sadly, judges, in that they see “hackers” as evil creatures akin to Tim May‘s ‘four horsemen of the Infocalypse‘.

I’m not, by the way, a fan of the ordinary grand jury, which I think has strayed far beyond what it was and should have been, and has become a too-pliant tool of the prosecution. Interestingly, Florida does it better: as well as using local grand juries to hand down first degree murder indictments, statewide grand juries here investigate social problems and come up with frequently sensible reports and recommendations often aimed at spurring legislation or administrative reform.

And it’s more than clear that we need to reform the Computer Fraud and Abuse Act, along the lines of the “Aaron’s Law” proposal making the rounds.

All that said, and assuming the most noble of motives on Aaron Swartz’s behalf, it also seems to be the case that breaking into a server closet at MIT and inserting a machine there that availed itself of the data stream isn’t nice and wasn’t legal. There was at least petty crime, and perhaps more depending how one valued the data acquired. What is at issue to me regarding the feds (as opposed to, say, MIT) is not so much the fact of a prosecution but rather the means used to go about it. Then again, I suspect these means were standard operating procedure, which is the real issue.

(Spotted via Cory Doctorow, Inside the prosecution of Aaron Swartz.)

Posted in Law: Criminal Law | 1 Comment