Criminal, not combatant

We not only shouldn’t hold Tsarnaev as a combatant, we actually can’t.

Under the AUMF as interpreted by the courts, and under the NDAA as passed by Congress, the administration is authorized to hold in military detention only those who are “part of” or “substantially supporting” Al Qaeda, the Taliban, or associated forces. Nothing that has come to light publicly has shown that Tsarnaev was operating as part of any group covered by the AUMF.

(And I’m confused about the anti-Miranda crowd: not Mirandizing doesn’t take away his right to remain silent, it just doesn’t remind him of it. I have trouble understanding the so-called advantages of waiving it.)

Considering new data

I went on record yesterday as being unopposed to the Boston lockdown, but Bruce Schneier linked me to an excellent argument against:

Third, keeping citizens off the street meant that 99% of the eyes and brains that might solve a crime were being wasted. Eric S Raymond famously said that “given enough eyeballs, all bugs are shallow”. It was thousands of citizen photographs that helped break this case, and it was a citizen who found the second bomber. Yes, that’s right – it wasn’t until the stupid lock-down was ended that a citizen found the second murderer.

In other news, Clark also points out that if it was dangerous enough to tell everyone to stay home, why are donut shop staff immune from harm? (Notably, I heard yesterday that Dunkin’ Donuts was providing free food to police. I hadn’t heard the police asked them to stay open, and it didn’t occur to me that this was happening despite the lockdown.)

OTOH, my theory was the lockdown was to prevent crowds forming that would be a tempting bombing target. That would allow for small numbers of people at Dunkin’. But it would also be nice if anyone other than me had stated this theory, such as the Boston PD.

The Bill of Nice Suggestions

So this tweet I wrote is the first one that went viral in a long time:

@jeffporten: “@AlyssaRosenberg: NBC says Tsarnaev was Mirandized by the FBI. Good.” // FBI’s way of saying, “Fuck you, Lindsay Graham.”

…at least until it was announced that Tsarnaev was not, in fact, Mirandized.

Land of the (somewhat) brave, home of the (sometimes) free.

Riffing some thoughts on Boston, Friday

1) So far today, I’ve seen two names and one license plate retracted. Think twice, then a third time, before tweeting any identifying information about suspects if you’re not warning friends in Boston.

2) Yes, decent people can commit horrendous criminal acts. SPECULATION: a sociopath can easily code-switch between acting decently and acting horrendously.

3) SPECULATION: if mental illness is part of this, many diseases that cause violent ideation start in late teens, early 20s.

4) SPECULATION: according to retweets of friends of the at-large suspect, the big brother (deceased) may have held sway over the younger. Cf. Jim Jones, Charlie Manson, and Scientology for indications of just how far this kind of thing can go.

5) I’m completely opposed to and appalled by many actions that we take that smack of police state activities, and our general acquiescence to same. That said: a suspect is on the loose in Boston and may be carrying explosives. He is also expecting imminent capture and may well choose to commit suicide rather than being taken alive. It is entirely prudent to prevent crowds gathering, and to take measures to make sure he can’t easily leave the city.

That said, it is also true that the more easily we shut down major cities, the more vectors for economic attack we provide future would-be criminals and copycats looking for their fifteen minutes. It is crucial that we discuss this is a calm and considered way as a society, and almost certain that we won’t in the near future.

Tell me again about the compassion thing

Sorry about your Mom. Don’t let the door hit you in the ass.

Ohio Catholic High School Fires Gay Teacher For Naming Partner In Mother’s Obituary

When her mother died in March, she included her partner’s name in her obituary, and apparently an anonymous parent thought that was sufficient reason to complain to the Diocese of Columbus. Hale told the Colmbus Dispatch that the school then fired her a week later.

CERT warning re Boston Marathon scams

http://www.us-cert.gov/ncas/current-activity/2013/04/17/Scams-Exploiting-Boston-Marathon-Explosion

Malicious actors are exploiting the April 15 explosions at the Boston Marathon in attempts to collect money intended for charities and to spread malicious code. Fake websites and social networking accounts have been set up to take advantage of those interested in learning more details about the explosions or looking to contribute to fundraising efforts.

Evidence of human decency

According to CNN, the following appears when you go to bostonmarathonconspiracy.com:

I bought this domain to keep some conspiracy theory kook from owning it. Please keep the victims of this event and their families in your thoughts. Thank you.

Words Matter: How to Think About Boston

Most discussions about yesterday’s tragedy are subtly designed to make you more fearful. You should not be, and you should do your best to calm the people around you. What follows is an attempt to make this more simple.

Words matter. How you think and communicate about the horrible events in Boston yesterday will have a huge impact on your personal emotional well-being, and on those around you.

I spent a lot of time yesterday tweeting to high-profile people in my Twitter stream asking them not to use certain words in their tweets in the immediate aftermath of the explosions. It’s not that they were incorrect; it’s that there are nuances and common (usually incorrect) interpretations of these words that can inflame panicked reactions.

For example, take the word “terrorism.” There is an ongoing debate as to whether a “terrorist” act requires a political or ideological motivation. Under normal circumstances, this is an issue of semantics; what happened yesterday is scary as hell, and the word we choose to use simply doesn’t matter. But yesterday, it very much did.

Compare the words used and the immediate reactions to our two most recent high-profile tragedies. The word “terrorist” was instantly applied to Boston. But in Sandy Hook, the word was “shooting.” Boston caused the nation to fear additional attacks around the country. Sandy Hook was a tragedy that, for most of us, was emotionally impacting but did not make us concerned that we were in immediate danger ourselves. The words we use have a lot to do with these separate reactions.

I’m not saying that it was inappropriate for cities like New York and Washington to step up their security last night; in fact, that was entirely prudent. My concern is with mass panics, which can cause deaths and injuries in areas where there is no overt threat. If the entire tourist population of New York or Washington suddenly decides to get the hell out of town—assuming here that the locals will be less panicky, although that’s not always the case—that’s an environment where bad things can happen on crowded subway platforms. In cities where a large subsut of the population is carrying a concealed weapon, hypervigilance can also lead to tragedies. It’s vitally important to keep people calm.

Someday, we may very well face a situation when people are in immediate physical danger. We will want these people to have the same reaction people had in Boston, London, and New York City during their tragedies, an immediate sense of “how can I help” instead of “get the hell out of my way, I’m looking out for myself.” For everywhere but Boston yesterday, our immediate reactions will create the psychological precedent that will dictate how we will react if we are in harm’s way in the future.

Terrorism and Hypercompetence

Likewise, there is a tendency to view terrorists as far more dangerous and competent than they actually are. We are generally, and unconsciously, trained to think of criminals as idiots; this is because many criminals are idiots. Mentally unbalanced criminals can get away with appalling crimes because it’s simply not difficult to shoot civilians with military-grade weapons; even then, we routinely catch criminals planning shootings because they make so many mistakes in the days leading up to the act. (I nearly wrote “attack,” which is yet another word that should be avoided.)

Immediately after word of the explosions hit the news and Twitter yesterday, pundits on the cable news networks were saying that “this was planned to maximize media coverage.” This buys into the worst aspect of the “war on terror” and the public perception of terrorism: turning anyone who plans terrorist acts into a member of a single, monolithic organization that has resources, planning capability, and a greater ability to harm us. This organization does not exist; even two groups who both call themselves al-Qaeda may not be able to use each other’s knowledge and resources.

In fact, any violent act in a major city where people are congregating will automatically maximize media coverage. Choose any day in Times Square or Disney World; any heavy travel period at a train station, airport, or bus depot; any parade or public event. News cameras are never more than a few miles away, and we all have videocameras in our pockets. Go where the people are, and you get media saturation as part of the deal.

Again, I’m not minimizing how scary it is to set off a bomb in the center of an American city. I am, however, suggesting that you don’t need to be a criminal mastermind to become a big story.

What Do We Know

My assessment of who did this follows. I have no idea why; in fact, I consider “why” to be completely irrelevant. These people are criminals, not terrorists. On Sunday, they had the right to have their views aired in public discourse and debate. Today, their political and ideological views are irrelevant and not worthy of consideration; their actions have removed them from membership of a civilization where they are worthy of being treated as intellectual equals. (However, they are still human, and as such, should be given the protections of our criminal system; this is not because they deserve such treatment, but because we are the kind of people who deserve to think of ourselves as decent.)

Note: what follows is, by necessity, bloodless and may sound very callous. That’s not my intent, but it’s important to use unemotional thinking when evaluating the capabilities of criminal violence.

According to news reports yesterday, the bombs went off at times when fewer people were nearby; an explosion at alternate times of the day would have increased casualties. This implies to me that the criminals were restrained either in when they could place the bombs, or in the technology they could use to time the explosions. Both indicate criminals who do not have access to either large groups of people to organize the event, and do not have access to better materials. A $10 watch is an excellent timer, with the right expertise; I doubt they had it.

The bombs that exploded were packed with nails and ball bearings; this is particularly frightening because it’s the first time such a device has been used on US soil. It does not mean that the criminals are related to Afghanistan or Iraq, where such devices are common. We are not living in the post-9/11 world; such devices have been around for centuries. But we are living in the post-Internet world, where information on how to build bombs like this is easy to find. (This is not a bad thing. This trains far more medical personnel to respond to violent actions than it trains potential criminals to build them.)

Two bombs exploded, and two unexploded bombs were found. Many people choose to think this is scarier because it implies more evil intent; personally, I think “evil intent” is maximized with the first bomb, and anything else they attempted to do can’t make it worse. What this does mean, however, is that the planners probably couldn’t exceed a 50% success rate in building the devices. It’s a damned shame that their success rate wasn’t 0%—it’s not like you can test your abilities by blowing up a bomb in advance to see if you got it right—but again, 50% means less than “competent.”

This is a scary time. Which means that we should all be aware that being scared leads to poor decisions. Unless new information changes my assessment, none of us, including Bostonians, are in any more danger today than we were on Sunday. Be alert and be careful, but above all, be wise.

Keep Calm and Carry On

Some personal safety tips on a bad day:

As of 5 PM, there is no apparent danger outside of Boston. NYC and DC are both beefing up police patrols, but there are no reported threats.

The most dangerous thing outside of Boston is panic. Do not tell people to evacuate public areas, because a large crush of people heading to public transit can be dangerous. Whenever possible, friends and loved ones in major cities should stay where they are, and are almost certainly in no danger.

Cell phone service in Boston has been suspended. Use email to contact friends and loved ones. This report has been retracted, but networks are overloaded. Avoid calling cell phones if possible. Texts should work.

Wait a day or two before attempting to donate blood or other goods.

Do not respond to solicitations for money. Scam artists are already at work.

Do not immediately repost anything you read before confirming from other sources. Many initial news reports are wrong. Some media outlets may seem legitimate when they are not (such as the UK Daily Mail).

I have not yet seen any rumors of WMD, but they’re certainly going to happen. Disregard them unless you hear it directly from the police or a governmental agency.

5:25 PM: it is unclear whether there has been a third explosion at JFK Library in Boston. The latest report is that this did not happen. Take this as evidence that something is not true simply because it has been reported. Many media outlets are publishing first, confirming later.

5:27 PM: If you need to find someone in Boston, use the Google Person Finder at http://google.org/personfinder/2013-boston-explosions . The Boston Marathon is running a similar service for people who ran the marathon today. Updated with better URL.

5:29 PM: A guest on WBUR just got carried nationwide on NPR speculating on whether the IRS will be targeted on Tax Day. This is exactly the kind of thing I’m telling you to disregard. But if you are in Boston, by all means, do not try to file in person today.

5:31 PM: the URL for Red Cross Boston: http://www.redcross.org/ma/boston. Do not go there right now to find out how to contribute; if the server goes down, people in the area may not be able to reach it.

5:35 PM: Reports that the police scanner in Boston is picking up many reports of “suspicious packages”. These are bags left behind by people evacuating quickly. Some reporter may pick up this story and report it as “possibly many more devices”. Disregard. At this time, there were two explosions and two deactivated explosives, which have been reported as IEDs.

Also: IED means “improvised explosive device”. It does not mean that the devices were built by anyone related to Afghanistan, Iraq, or anywhere else that you might have heard of such things. It probably does mean that the people who planted these bombs have very few resources; the “improvised” part means that they’re made out of whatever materials were at hand.

5:43 PM: The American Red Cross Safe and Sound Registry. Check here if you can’t reach your loved ones; register here if you’re in Boston. The Mayor’s Office hotline to find people in Boston: 617-635-4500.

5:46 PM: NPR reports a suspect in custody being treated for injuries.

5:48 PM: NPR reports some cell phone calls are getting through. Regardless: use email, and leave the networks open for first responders and those affected. Cell phones in Boston cannot place calls or send texts.

5:58 PM: Ground stop at Logan for arriving aircraft has been lifted. No-fly zone over Boston still in effect. Both precautionary only.

6:02 PM: National Guard is assembling on Boston Common for disaster relief. PRI reports that the timing of the bomb was poor—had it gone off earlier in the day, would have been more casualties. This is more evidence that the criminals who planted the bomb were not well organized.

6:04 PM: many people on Twitter are posting a body count in Iraq of 31 dead. Some of them are foolishly tagging this with #BostonMarathon. I won’t be surprised if this gets rewritten and spreads a rumor about a higher death toll in Boston.

6:06 PM: @BostonGlobe Are you a Boston Marathoner who needs a play to stay? bit.ly/XD0xYq Have a place to offer runners? bit.ly/XD0CeB

6:11 PM: Earlier reports that cell phone service was shut down are apparently not true. Networks are overloaded but working.

6:31 PM: Hashtag #BostonHelp is shaping up to be useful for finding places to stay, sending folks out to help stranded runners.

Why you should not use the word terrorism today: “@DavidCornDC Doesn’t terrorism need a political or ideological motivation? Was Newtown terrorism?”

More to the point: Terrorism implies a far more organized event than what we’re seeing so far. It needlessly scares people. The most dangerous thing for most people is being caught up in a panic reaction. Do what you can to prevent this in your community.

6:35 PM: @BostonGlobe: MT @redcrosseastma: Due to generosity of our donors we don’t need blood at this time. Please schedule future donation redcrossblood.org