The TikTok Dumpster Fire 

John Yoo, Mark MacCarthy, and I kick off episode 329 by jumping with both feet into the cyberspace equivalent of a dumpster fire. There is probably a pretty good national security case for banning TikTok. In fact, China made the case a lot better than the Trump administration when it declared, “You know that algorithm that tells all your kids what to watch all day? That’s actually a secret national security asset of the People’s Republic of China.” But the administration’s process for addressing the national security issue was unable to keep up with President Trump’s eagerness to announce some kind of deal. The haphazard and easily stereotyped process probably also contributed to the casual decision of a magistrate in San Francisco to brush aside US national security interests in the WeChat case, postponing the order on dubious first amendment grounds that John Yoo rightly takes to task.

Megan Stifel tells us that the bill for decoupling from China is going to be high – up to $50 billion just for chips if you listen to the Semiconductor Industry Association.

Speaking of big industry embracing big government, Pete Jeydel explains IBM’s slightly jarring suggestion that the government should slap export controls on a kind of face recognition technology that Big Blue doesn’t sell any more. Actually, when you put it like that, it kind of explains itself.

Megan tells us that the House has passed a bill on the security of IOT devices. The bill, which has also moved pretty far in the Senate, is modest, setting standards only for what the federal government will buy, but Megan has hopes that it will prove to be the start of a broader movement to address IOT security.

I reprise the latest demonstrations that Silicon Valley hates conservatives, and how far it will go to suppress their speech.  My favorite is Facebook deciding that a political ad that criticizes transwomen competing in women’s sports must be taken down because it “lacks context”. Unlike every other political ad since the beginning of time, apparently. Although Twitter’s double standard for a “manipulated media” label is pretty rich too: Turns out that in the Twitterverse, splicing Trump’s remarks to make him say what the Biden camp is sure he meant is perfectly fair , but splicing a Biden interview so he says what the Trump camp is sure he meant is Evil Incarnate.

Finally, Megan rounds out the week with a host of hacker news. The North Koreans are in bed with Russian cybercrime gangs.  (I can’t help wondering which one wakes up with fleas.) The Iranians are stealing 2FA codes and some of them have now been indicted by the US Justice Department, though not apparently for the 2FA exploit.  A long-running Chinese cybergang has also been indicted.  That won’t actually stop them, but it will be hard on their Malaysian accomplices, who are already in jail.

Our interview this week is with Michael Brown, a remarkably influential defense technologist. He’s been CEO of Symantec, co-wrote the report that led to the passage of FIRRMA and the transformation of CFIUS, and he now runs the Defense Innovation Unit in Silicon Valley. He explains what DIU does and some of the technological successes it has already made possible.

Oh, and we have new theme music, courtesy of Ken Weissman of Weissman Sound Design.  Hope you like it!

Download the 329th Episode (mp3)

You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug!

The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

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via IFTTT

The TikTok Dumpster Fire 

John Yoo, Mark MacCarthy, and I kick off episode 329 by jumping with both feet into the cyberspace equivalent of a dumpster fire. There is probably a pretty good national security case for banning TikTok. In fact, China made the case a lot better than the Trump administration when it declared, “You know that algorithm that tells all your kids what to watch all day? That’s actually a secret national security asset of the People’s Republic of China.” But the administration’s process for addressing the national security issue was unable to keep up with President Trump’s eagerness to announce some kind of deal. The haphazard and easily stereotyped process probably also contributed to the casual decision of a magistrate in San Francisco to brush aside US national security interests in the WeChat case, postponing the order on dubious first amendment grounds that John Yoo rightly takes to task.

Megan Stifel tells us that the bill for decoupling from China is going to be high – up to $50 billion just for chips if you listen to the Semiconductor Industry Association.

Speaking of big industry embracing big government, Pete Jeydel explains IBM’s slightly jarring suggestion that the government should slap export controls on a kind of face recognition technology that Big Blue doesn’t sell any more. Actually, when you put it like that, it kind of explains itself.

Megan tells us that the House has passed a bill on the security of IOT devices. The bill, which has also moved pretty far in the Senate, is modest, setting standards only for what the federal government will buy, but Megan has hopes that it will prove to be the start of a broader movement to address IOT security.

I reprise the latest demonstrations that Silicon Valley hates conservatives, and how far it will go to suppress their speech.  My favorite is Facebook deciding that a political ad that criticizes transwomen competing in women’s sports must be taken down because it “lacks context”. Unlike every other political ad since the beginning of time, apparently. Although Twitter’s double standard for a “manipulated media” label is pretty rich too: Turns out that in the Twitterverse, splicing Trump’s remarks to make him say what the Biden camp is sure he meant is perfectly fair , but splicing a Biden interview so he says what the Trump camp is sure he meant is Evil Incarnate.

Finally, Megan rounds out the week with a host of hacker news. The North Koreans are in bed with Russian cybercrime gangs.  (I can’t help wondering which one wakes up with fleas.) The Iranians are stealing 2FA codes and some of them have now been indicted by the US Justice Department, though not apparently for the 2FA exploit.  A long-running Chinese cybergang has also been indicted.  That won’t actually stop them, but it will be hard on their Malaysian accomplices, who are already in jail.

Our interview this week is with Michael Brown, a remarkably influential defense technologist. He’s been CEO of Symantec, co-wrote the report that led to the passage of FIRRMA and the transformation of CFIUS, and he now runs the Defense Innovation Unit in Silicon Valley. He explains what DIU does and some of the technological successes it has already made possible.

Oh, and we have new theme music, courtesy of Ken Weissman of Weissman Sound Design.  Hope you like it!

Download the 329th Episode (mp3)

You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug!

The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

from Latest – Reason.com https://ift.tt/32SiBpx
via IFTTT

The TikTok Dumpster Fire 

John Yoo, Mark MacCarthy, and I kick off episode 329 by jumping with both feet into the cyberspace equivalent of a dumpster fire. There is probably a pretty good national security case for banning TikTok. In fact, China made the case a lot better than the Trump administration when it declared, “You know that algorithm that tells all your kids what to watch all day? That’s actually a secret national security asset of the People’s Republic of China.” But the administration’s process for addressing the national security issue was unable to keep up with President Trump’s eagerness to announce some kind of deal. The haphazard and easily stereotyped process probably also contributed to the casual decision of a magistrate in San Francisco to brush aside US national security interests in the WeChat case, postponing the order on dubious first amendment grounds that John Yoo rightly takes to task.

Megan Stifel tells us that the bill for decoupling from China is going to be high – up to $50 billion just for chips if you listen to the Semiconductor Industry Association.

Speaking of big industry embracing big government, Pete Jeydel explains IBM’s slightly jarring suggestion that the government should slap export controls on a kind of face recognition technology that Big Blue doesn’t sell any more. Actually, when you put it like that, it kind of explains itself.

Megan tells us that the House has passed a bill on the security of IOT devices. The bill, which has also moved pretty far in the Senate, is modest, setting standards only for what the federal government will buy, but Megan has hopes that it will prove to be the start of a broader movement to address IOT security.

I reprise the latest demonstrations that Silicon Valley hates conservatives, and how far it will go to suppress their speech.  My favorite is Facebook deciding that a political ad that criticizes transwomen competing in women’s sports must be taken down because it “lacks context”. Unlike every other political ad since the beginning of time, apparently. Although Twitter’s double standard for a “manipulated media” label is pretty rich too: Turns out that in the Twitterverse, splicing Trump’s remarks to make him say what the Biden camp is sure he meant is perfectly fair , but splicing a Biden interview so he says what the Trump camp is sure he meant is Evil Incarnate.

Finally, Megan rounds out the week with a host of hacker news. The North Koreans are in bed with Russian cybercrime gangs.  (I can’t help wondering which one wakes up with fleas.) The Iranians are stealing 2FA codes and some of them have now been indicted by the US Justice Department, though not apparently for the 2FA exploit.  A long-running Chinese cybergang has also been indicted.  That won’t actually stop them, but it will be hard on their Malaysian accomplices, who are already in jail.

Our interview this week is with Michael Brown, a remarkably influential defense technologist. He’s been CEO of Symantec, co-wrote the report that led to the passage of FIRRMA and the transformation of CFIUS, and he now runs the Defense Innovation Unit in Silicon Valley. He explains what DIU does and some of the technological successes it has already made possible.

Oh, and we have new theme music, courtesy of Ken Weissman of Weissman Sound Design.  Hope you like it!

Download the 329th Episode (mp3)

You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug!

The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

from Latest – Reason.com https://ift.tt/32SiBpx
via IFTTT

Gun Control Puts Your Life at Risk

topicshistory

According to gun prohibitionists, Europe is much safer than the United States, because Europe has stricter gun control. In fact, the historical record shows that excessive gun control (as in Europe) is about a hundred times more deadly than “insufficient” gun control (as, supposedly, in the U.S.). While a lone criminal with a gun can be very dangerous, a criminal government with a disarmed population is the deadliest thing on Earth.

Let’s start with the data. If U.S. gun homicide rates had been as low as European rates in the 20th century, how many lives might have been saved? According to a 2018 article published in the Journal of the American Medical Association, in 1990—a bad year for violent crime in the United States—the age-adjusted U.S. firearms homicide rate was 5.57 per 100,000 population. That same year, the rate in Western Europe was 0.53 and the rate in Eastern Europe was 1.31, giving us a European average of 0.92.

The difference between the European rate and the American rate is 4.65 per 100,000. Since the U.S. population in 1990 was nearly 249 million, these data indicate that the U.S. had 11,785 more firearms homicides that year than it would have had if the rate had been as low as it was in Europe. If we apply the estimate of 4.65 additional gun homicides per 100,000 population to every year of the 20th century, taking into account changes in the U.S. population, we find that the United States had 745,162 more firearms homicides than it would have had under the European average.

For the sake of argument, we’ll assume that every excess American gun homicide would not have been a homicide if the United States had adopted European-style gun control. That is, we’ll assume that other lethal means would not have been substituted for firearms. We also won’t consider that many American gun homicides are justifiable self-defense. In other words, when a would-be killer is shot by a law enforcement officer or a citizen, we’ll consider the criminal’s death to be just as bad as the death of an innocent victim.

Finally, we’ll ignore the extensive evidence that nonfatal defensive firearm use often prevents homicides and other crimes.

With the above assumptions, the failure to adopt European-style gun control would be responsible for almost three-quarters of a million excess deaths in the United States in the last century. That is a very large number. It is, however, two orders of magnitude smaller than the number of Europeans killed by governments during the same period.

International homicide statistics usually only count murders by individuals or small groups. A serial killer may murder two dozen people over the course of many years. A mass shooter may murder dozens at once. Those who use explosives or arson sometimes kill even more. But even in the aggregate, individual criminals or criminal gangs perpetrate vastly less homicide than do criminal governments.

In Europe in the 20th century, governments killed about 87.1 million victims, according to research by the late University of Hawaii political scientist R.J. Rummel. That figure does not include combat deaths, such as in World War I or II. It includes only the murder of civilians, from 61.9 million killed by the Soviet Union to 20.9 million killed by Germany. Over the long run, one’s risk of being murdered is much lower in the United States than in Europe. It’s no surprise that migration between the two has always been very heavily in one direction!

I am alive to write this article because my Jewish German and Lithuanian ancestors migrated to the United States in the 19th century. By doing so, they increased their risk of being shot by an individual criminal but drastically reduced their risk of being murdered by a criminal government. As we all well know, those risks did materialize in Germany (under the Nazis and the Communists) and in Lithuania (under the czars, the Nazis, and the Communists). Because governments are so much more effective at killing than are individual criminals—even looking at all individual criminals combined—the United States was much safer than Europe in the 20th century.

Rummel found that the less free the government, the more likely it is to perpetrate domestic mass murder. Totalitarian regimes perpetrate by far the most; authoritarian regimes less so; and democratic ones least of all. Indeed, no democratic government has committed large-scale murder against a population that was able to vote.

If you could be sure that a given government would forever be democratic, there would be no need for arms to resist a possible domestic dictatorship. Unfortunately, certainty on that score is impossible. The list of nations to have maintained both independence and free government at all times since 1900 is short: Australia, Canada, Sweden, Switzerland, New Zealand, the United Kingdom, and the United States. That’s just seven nations out of 196 worldwide.

Only a foolish version of American exceptionalism would imagine that the United States has been granted permanent immunity from the dangers of tyranny. Democracy was founded in Greece, yet that country has succumbed to dictatorship many times. Germany in 1900 was a progressive democracy and one of the most tolerant places in the world for Jews; a lot can change in a few decades.

According to gun prohibitionists, armed victims cannot meaningfully resist a murderous dictatorship with weapons of war at its disposal. The dictators who do the murdering think just the opposite.

In 1942, Adolf Hitler explained the necessity of disarming his victims: “The most foolish mistake we could possibly make would be to allow the subjugated races to possess arms. History shows that all conquerors who have allowed their subjugated races to carry arms have prepared their own downfall by so doing. Indeed, I would go so far as to say that the supply of arms to the underdogs is a sine qua non for the overthrow of any sovereignty. So let’s not have any native militia or native police.”

Tyrants past and present have come from virtually every continent and ethnic background. Their ideologies have varied, but they are united by a number of common practices. They do not allow freedom of the press or an independent court system. They attempt to bring religion under state control. And they claim for themselves a monopoly of force. Search the history of the world, from ancient times to the present, and you will not find many tyrants who deviated from the principle that the state must be stronger than the people.

Mass shootings by criminal governments occur predominantly in gun-free zones—places where the population has been disarmed. As soon as the Nazi invasion of the Soviet Union began on June 22, 1941, special S.S. units called Einsatzgruppen began assembling all the Jews or Gypsies from a village and marching them out of town. The victims could then be easily machine-gunned at once. Within a year, just 3,000 Einsatzgruppen, aided by a few thousand helpers from the German police and military, had murdered about 1 million people.

Regime change is difficult once a tyrant has taken power, as today’s China and Cuba illustrate. So as an anti-tyranny tool, widespread citizen arms ownership works most effectively when it deters tyranny in the first place. Among the reasons there was no Holocaust in Switzerland was that the people there were heavily armed and organized in a very well-regulated militia. The German military almost certainly could have conquered its uncooperative neighbor to the south. Yet because of the costs that the Swiss militia would inflict on the Wehrmacht, Hitler never had the nerve to mount an invasion.

Even after mass murders have already begun, victims who obtain guns can save lives. During the Holocaust, armed Jews caused the Nazis much trouble—in the Warsaw Ghetto Uprising during Passover 1943 as well as in many lesser-known actions. The Nazi extermination camps of Sobibor and Treblinka were shut down forever because prisoners stole guns from the guards and led mass revolts. The Bielski commando unit in the forests of Belarus grew to 149 armed fighters and saved a thousand more Jews.

During World War I, when the government of the Ottoman Empire began murdering Christians, hundreds of thousands of lives were saved by armed resistance—which relied on guns that the Christians had secreted in defiance of confiscation orders.

“The gun has been called the great equalizer, meaning that a small person with a gun is equal to a large person,” observed then–California Gov. Ronald Reagan in a 1975 article for Guns and Ammo, “but it is a great equalizer in another way, too. It ensures that the people are the equal of their government whenever that government forgets that it is servant and not master of the governed.”

As the last century demonstrates, the short-term risks of a well-armed civilian population are far less than the long-term risks of a government that is stronger than the people.

 

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Gun Control Puts Your Life at Risk

topicshistory

According to gun prohibitionists, Europe is much safer than the United States, because Europe has stricter gun control. In fact, the historical record shows that excessive gun control (as in Europe) is about a hundred times more deadly than “insufficient” gun control (as, supposedly, in the U.S.). While a lone criminal with a gun can be very dangerous, a criminal government with a disarmed population is the deadliest thing on Earth.

Let’s start with the data. If U.S. gun homicide rates had been as low as European rates in the 20th century, how many lives might have been saved? According to a 2018 article published in the Journal of the American Medical Association, in 1990—a bad year for violent crime in the United States—the age-adjusted U.S. firearms homicide rate was 5.57 per 100,000 population. That same year, the rate in Western Europe was 0.53 and the rate in Eastern Europe was 1.31, giving us a European average of 0.92.

The difference between the European rate and the American rate is 4.65 per 100,000. Since the U.S. population in 1990 was nearly 249 million, these data indicate that the U.S. had 11,785 more firearms homicides that year than it would have had if the rate had been as low as it was in Europe. If we apply the estimate of 4.65 additional gun homicides per 100,000 population to every year of the 20th century, taking into account changes in the U.S. population, we find that the United States had 745,162 more firearms homicides than it would have had under the European average.

For the sake of argument, we’ll assume that every excess American gun homicide would not have been a homicide if the United States had adopted European-style gun control. That is, we’ll assume that other lethal means would not have been substituted for firearms. We also won’t consider that many American gun homicides are justifiable self-defense. In other words, when a would-be killer is shot by a law enforcement officer or a citizen, we’ll consider the criminal’s death to be just as bad as the death of an innocent victim.

Finally, we’ll ignore the extensive evidence that nonfatal defensive firearm use often prevents homicides and other crimes.

With the above assumptions, the failure to adopt European-style gun control would be responsible for almost three-quarters of a million excess deaths in the United States in the last century. That is a very large number. It is, however, two orders of magnitude smaller than the number of Europeans killed by governments during the same period.

International homicide statistics usually only count murders by individuals or small groups. A serial killer may murder two dozen people over the course of many years. A mass shooter may murder dozens at once. Those who use explosives or arson sometimes kill even more. But even in the aggregate, individual criminals or criminal gangs perpetrate vastly less homicide than do criminal governments.

In Europe in the 20th century, governments killed about 87.1 million victims, according to research by the late University of Hawaii political scientist R.J. Rummel. That figure does not include combat deaths, such as in World War I or II. It includes only the murder of civilians, from 61.9 million killed by the Soviet Union to 20.9 million killed by Germany. Over the long run, one’s risk of being murdered is much lower in the United States than in Europe. It’s no surprise that migration between the two has always been very heavily in one direction!

I am alive to write this article because my Jewish German and Lithuanian ancestors migrated to the United States in the 19th century. By doing so, they increased their risk of being shot by an individual criminal but drastically reduced their risk of being murdered by a criminal government. As we all well know, those risks did materialize in Germany (under the Nazis and the Communists) and in Lithuania (under the czars, the Nazis, and the Communists). Because governments are so much more effective at killing than are individual criminals—even looking at all individual criminals combined—the United States was much safer than Europe in the 20th century.

Rummel found that the less free the government, the more likely it is to perpetrate domestic mass murder. Totalitarian regimes perpetrate by far the most; authoritarian regimes less so; and democratic ones least of all. Indeed, no democratic government has committed large-scale murder against a population that was able to vote.

If you could be sure that a given government would forever be democratic, there would be no need for arms to resist a possible domestic dictatorship. Unfortunately, certainty on that score is impossible. The list of nations to have maintained both independence and free government at all times since 1900 is short: Australia, Canada, Sweden, Switzerland, New Zealand, the United Kingdom, and the United States. That’s just seven nations out of 196 worldwide.

Only a foolish version of American exceptionalism would imagine that the United States has been granted permanent immunity from the dangers of tyranny. Democracy was founded in Greece, yet that country has succumbed to dictatorship many times. Germany in 1900 was a progressive democracy and one of the most tolerant places in the world for Jews; a lot can change in a few decades.

According to gun prohibitionists, armed victims cannot meaningfully resist a murderous dictatorship with weapons of war at its disposal. The dictators who do the murdering think just the opposite.

In 1942, Adolf Hitler explained the necessity of disarming his victims: “The most foolish mistake we could possibly make would be to allow the subjugated races to possess arms. History shows that all conquerors who have allowed their subjugated races to carry arms have prepared their own downfall by so doing. Indeed, I would go so far as to say that the supply of arms to the underdogs is a sine qua non for the overthrow of any sovereignty. So let’s not have any native militia or native police.”

Tyrants past and present have come from virtually every continent and ethnic background. Their ideologies have varied, but they are united by a number of common practices. They do not allow freedom of the press or an independent court system. They attempt to bring religion under state control. And they claim for themselves a monopoly of force. Search the history of the world, from ancient times to the present, and you will not find many tyrants who deviated from the principle that the state must be stronger than the people.

Mass shootings by criminal governments occur predominantly in gun-free zones—places where the population has been disarmed. As soon as the Nazi invasion of the Soviet Union began on June 22, 1941, special S.S. units called Einsatzgruppen began assembling all the Jews or Gypsies from a village and marching them out of town. The victims could then be easily machine-gunned at once. Within a year, just 3,000 Einsatzgruppen, aided by a few thousand helpers from the German police and military, had murdered about 1 million people.

Regime change is difficult once a tyrant has taken power, as today’s China and Cuba illustrate. So as an anti-tyranny tool, widespread citizen arms ownership works most effectively when it deters tyranny in the first place. Among the reasons there was no Holocaust in Switzerland was that the people there were heavily armed and organized in a very well-regulated militia. The German military almost certainly could have conquered its uncooperative neighbor to the south. Yet because of the costs that the Swiss militia would inflict on the Wehrmacht, Hitler never had the nerve to mount an invasion.

Even after mass murders have already begun, victims who obtain guns can save lives. During the Holocaust, armed Jews caused the Nazis much trouble—in the Warsaw Ghetto Uprising during Passover 1943 as well as in many lesser-known actions. The Nazi extermination camps of Sobibor and Treblinka were shut down forever because prisoners stole guns from the guards and led mass revolts. The Bielski commando unit in the forests of Belarus grew to 149 armed fighters and saved a thousand more Jews.

During World War I, when the government of the Ottoman Empire began murdering Christians, hundreds of thousands of lives were saved by armed resistance—which relied on guns that the Christians had secreted in defiance of confiscation orders.

“The gun has been called the great equalizer, meaning that a small person with a gun is equal to a large person,” observed then–California Gov. Ronald Reagan in a 1975 article for Guns and Ammo, “but it is a great equalizer in another way, too. It ensures that the people are the equal of their government whenever that government forgets that it is servant and not master of the governed.”

As the last century demonstrates, the short-term risks of a well-armed civilian population are far less than the long-term risks of a government that is stronger than the people.

 

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Brickbat: A Modern Marcel Duchamp

toiletvote_1161x653

One Mason, Michigan, resident seems a bit skeptical about absentee voting. The homeowner, who wasn’t identified by local media, placed a toilet on his or her front lawn with a sign reading, “Place Mail In Ballots Here.” Ingham County Clerk Barb Byrum has filed a complaint with the police over the installation, saying it’s illegal. “It’s solicitation of absentee ballots into a container,” Byrum said. “Our election integrity is not a game. I expect everyone to act appropriately, and this is unacceptable.”

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Brickbat: A Modern Marcel Duchamp

toiletvote_1161x653

One Mason, Michigan, resident seems a bit skeptical about absentee voting. The homeowner, who wasn’t identified by local media, placed a toilet on his or her front lawn with a sign reading, “Place Mail In Ballots Here.” Ingham County Clerk Barb Byrum has filed a complaint with the police over the installation, saying it’s illegal. “It’s solicitation of absentee ballots into a container,” Byrum said. “Our election integrity is not a game. I expect everyone to act appropriately, and this is unacceptable.”

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RBG’s Daughter: Justice Ginsburg did not “anticipate” that Republicans would block Garland

Emily Bazelon published a profile in the New York Times Magazine about Justice Ginsburg. There were only a few new tidbits–specifically, Bazelon talked to Justice Ginsburg’s daughter, Jane.

First, we learn that RBG did not “anticipate” that the Republicans would block Judge Garland’s nomination.

Instead, Republicans blocked Garland, a move Ginsburg did not anticipate, according to her daughter, Jane C. Ginsburg, who is a law professor at Columbia.

I don’t know what to make of this statement. McConnell and Grassley announced they would block Garland’s nomination almost immediately. At what point did RBG think that the Republicans would not block Garland? Maybe RBG thought that the efforts to block Garland would fail? But the word “anticipate” doesn’t make sense here.

Second, Jane Ginsburg confirms what RBG hinted at: that she wanted Hillary Clinton to replace her:

Then Trump defeated Hillary Clinton to win the 2016 presidential election, upending the gamble Ginsburg had taken. “I think that Mother, like many others, expected that Hillary Clinton would win the nomination and the presidency, and she wanted the first female president to name her successor,” Jane Ginsburg emailed me on Sunday. When I asked if Justice Ginsburg reflected differently on her decision to stay after her cancer came back, Jane answered, “Not to my knowledge.”

Ginsburg made similar comments in July 2016 to the AP:

In an interview Thursday in her court office, the 83-year-old justice and leader of the court’s liberal wing said she presumes Democrat Hillary Clinton will be the next president. Asked what if Republican Donald Trump won instead, she said, “I don’t want to think about that possibility, but if it should be, then everything is up for grabs.” That includes the future of the high court itself, on which she is the oldest justice. Two justices, Anthony Kennedy and Stephen Breyer, are in their late 70s. “It’s likely that the next president, whoever she will be, will have a few appointments to make,” Ginsburg said, smiling.

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