The Daily Parker

Politics, Weather, Photography, and the Dog

Theft from trains: capitalism eating its own tail

The New York Times Magazine ran a lengthy story about the scourge of modern robber barons: massive thefts from trains. It turns out, the super-long container trains that the duopoly of railroad companies run throughout the western US don't seem worth defending, unless you talk to the shippers' insurance companies. The threads of early-21st-century corporate amalgamation all kind of come together in this one story:

Some 20 million containers move through the ports of Los Angeles and Long Beach every year, including about 35 percent of all the imports into the United States from Asia. Once these steel boxes leave the relative security of a ship at port, they are loaded onto trains and trucks — and then things start disappearing. The Los Angeles basin is the country’s undisputed capital of cargo theft, the region with the most reported incidents of stuff stolen from trains and trucks and those interstitial spaces in the supply chain, like rail yards, warehouses, truck stops and parking lots. Cases of reported cargo theft in the United States have nearly doubled since 2019....

The most extreme type of modern train theft occurs when thieves cut the air-compression brake hoses that run between train cars, thereby triggering an emergency braking system. When that happens, the engineer stays in the cab and the conductor walks the length of the stopped train, trying to locate the source of the problem. (Thieves can also stop a train by decoupling some of its cars.) Of course, if a train is miles long, that walk takes a while. In the meantime, the pilferers unload.

On the website of Operation Boiling Point, which the Department of Homeland Security recently created to go after organized theft groups, the agency states that cargo theft accounts for between $15 billion and $35 billion in annual losses. The Federal Bureau of Investigation, in a statement emailed to me, estimated that cargo-theft losses amounted to $1 billion nationally in 2021, but the agency acknowledged that that was an undercount.

Over the past decade, in a push for greater efficiency, and amid record-breaking profits, the country’s largest railroads have been stringing together longer trains. Some now stretch two or even three miles in length. At the same time, these companies cut the number of employees by nearly 30 percent, so fewer people now manage these longer trains.

The technology exists to make containers less susceptible to theft. Companies sell container-locking devices with GPS and cellular connectivity that permit the containers to be tracked at all times. Sensors stuck on the freight itself can report locations and precise conditions inside containers, including temperature, humidity and the bumpiness of the ride. Containers can be outfitted with smart seals, motion-detection alarms, video surveillance and infrared imaging systems that can detect intruders’ body heat. And yet, the locks so often used to secure containers with hundreds of thousands of dollars’ worth of merchandise inside are easier to cut off than the lock I use to secure my old beater bicycle.

Why? The answers were varied, but as far as I can tell, the reason is that in the last several decades, the cost of shipping has fallen so much that cheap shipping has become part of the essential energy force pushing the tsunami of low-cost goods across the seas and onto our shores. A company with 20,000 containers might decide it isn’t worth an extra $10 per container for better locks or seals. In part because even if they did opt for the upgraded security, who or what would respond when the alarm goes off or when the smart seal sends notice that it’s been breached?

I would call this a case of seriously misaligned incentives, not to mention a field ripe for the kinds of regulation that made the world a lot less horrific than it was the last time corporations got this big in the 1890s and 1900s.

Perhaps the Republican Party will resume its duties in government soon, so that we can fix some of these problems. Unless, of course, their ineffectuality is a feature, not a bug.

Busy weekend

I grabbed a friend for a couple of Brews & Choos visits yesterday, and through judicious moderation (8-10 oz of beer per person at each stop), we managed to get the entire West Fulton Corridor cluster done in six hours. So in a few minutes I'll start writing four B&C reviews, which will come out over the next three days.

Before I start, though, I'm going to read all these stories that have piled up since Friday:

Finally, the Roscoe Rat (really a squirrel) Hole got its own NPR story this morning. And in my social media I saw a photo of someone proposing to her boyfriend at the rat hole. Color me bemused.

You'll get there in a few millennia

An Ottawa judge told the Crown Prosecution Service to return a suspect's mobile phones after prosecutors failed to unlock them after trying 175 million passwords:

The police seized the phones in October 2022 with a warrant obtained based on information about a Google account user uploading images of child pornography. The contents of the three phones were all protected by complex, alpha-numeric passcodes.

Ontario Superior Court Justice Ian Carter heard that police investigators tried about 175 million passcodes in an effort to break into the phones during the past year.

The problem, the judge was told, is that more than 44 nonillion potential passcodes exist for each phone.

To be more precise, the judge said, there are 44,012,666,865,176,569,775,543,212,890,625 potential alpha-numeric passcodes for each phone.

In his ruling, Carter said the court had to balance the property rights of an individual against the state’s legitimate interest in preserving evidence in an investigation. The phones, he said, have no evidentiary value unless the police succeed in finding the right passcodes.

The article helpfully describes how dictionary attacks work, but doesn't attempt to figure out how long it would take to brute-force them. (I'm not going to attempt that, either, but I expect it's a while.)

Annals of brilliant lawyering

When you don't pay your attorneys, and then you don't pay the attorneys you had to hire because the first set of attorneys sued you for payment, you start to look like an absolute ganif to the legal community. Maybe that's why the XPOTUS could only find the kind of attorney who would advance a legal theory that surprised just about everyone in the DC Circuit Court of Appeals yesterday:

In a hearing before the D.C. Circuit Court, the former president’s lawyers argued that he should be immune from criminal prosecution for his role in the attempt to steal the 2020 presidential election. This argument has an obvious flaw: It implies that the president is above the law. Such a blunt rejection of the Constitution and the basic concept of American democracy is too much even for Trump to assert—publicly, at least—so his lawyers have proposed a theory. They say that he can’t be criminally prosecuted unless he is first impeached and convicted by Congress.

This argument is no less dangerous, as a hypothetical asked in court demonstrated in chilling terms. Judge Florence Pan asked Trump’s attorney, D. John Sauer, if “a president who ordered SEAL Team 6 to assassinate a political rival” could be criminally prosecuted. Sauer tried to hem and haw his way through an answer but ultimately stated that such a president couldn’t be prosecuted unless he was first impeached, convicted, and removed by Congress.

In effect, Trump has realized that, just as none of his voters would desert him over murdering a man on Fifth Avenue, nothing he could do would be so bad that congressional Republicans would abandon him. He doesn’t need a majority, either. Under the argument his lawyers made in court today, all Trump needs is 34 Republicans who will vote not to convict, and that’s sufficient to guarantee he can act with impunity.

Yes, but what about that little logical flaw, the one that Judge Florence Pan saw immediately? Doesn't the argument admit something at odds with the XPOTUS's claim of absolute immunity? Well, yes, actually:

[Pan] pointed out that this would mean presidents can be criminally prosecuted under certain circumstances. In other words, Trump does not have absolute immunity.

“Doesn’t that narrow the issues before us to…‘can a president be prosecuted without first being impeached and convicted?’” Pan said. “All of your other arguments seem to fall away.”

“Once you concede that there’s not this absolute immunity, that the judiciary can hear criminal prosecutions under any circumstances—you’re saying there’s one specific circumstance—then that means that there isn’t this absolute immunity that you claim.”

Pan also noted that Trump appeared to be trying to have it both ways. During his second impeachment trial, Trump and some of his Republican allies argued that the Senate shouldn’t convict him because he would face criminal prosecution later. But now, he claims he shouldn’t have to face prosecution, either.

I guess you don't have to represent yourself in court to have a fool for a lawyer. (He was going to do that, too, before the judge told him he'd go to jail for contempt if he speechified.) Then again, John Sauer has a fool for a client, so...

I hope we're well shot of him

Facing a criminal trial for corruption that he will probably lose, National Rifle Association CEO Wayne LaPierre resigned earlier today:

Mr. LaPierre, 74, has led the organization for more than three decades. But his resignation came as he faced his gravest challenge yet, a corruption trial in Manhattan amid a legal showdown with New York’s attorney general, Letitia James. Jury selection has already begun and opening arguments were scheduled for early next week.

The announcement took place during a board meeting in Irving, Texas. The N.R.A. said Mr. LaPierre had “cited health reasons” as being behind his decision.

The development will change the shape of the Manhattan trial, since Ms. James was seeking to oust Mr. LaPierre from his position. She is also seeking financial penalties from Mr. LaPierre and three other defendants.

Mr. LaPierre played a leading role in transforming gun culture in America, but the last half decade of his tenure at the N.R.A. was marred by scandals and internal upheaval.

"Transforming gun culture" is a polite way of saying that LaPierre advocates giving every first-grader an Uzi. Instead of just leading a trade organization of firearms manufacturers, he claimed that the NRA was on a holy quest to interpret the US Constitution's second amendment—but only its second clause, not the first—instead of trying to enrich his member corporations.

That LaPierre succeeded in both is easy to see in both US gun-murder statistics during his tenure (almost doubled since 1999) and manufacturer sales (more than doubled since 1999). PBS has some helpful charts (from 2022) explaining how we made so many gun manufacturers rich at the cost of a few dozen hundred thousand children.

LaPierre is evil. I hope a jury sees at least enough of that to convict him of stealing from the NRA. But we can all imagine a more poetic end to the person who has done so much to hurt so many.

Erev Christmas Eve evening roundup

As I wait for my rice to cook and my adobo to finish cooking, I'm plunging through an unusually large number of very small changes to a codebase recommended by one of my tools. And while waiting for the CI to run just now, I lined these up for tomorrow morning:

Finally, the CBC has an extended 3-episode miniseries version of the movie BlackBerry available online. I may have to watch that this week.

In other crimes...

May your solstice be more luminous than these stories would have it:

  • Chicago politician Ed Burke, who ruled the city's Finance Committee from his 14th-Ward office for 50 years, got convicted of bribery and corruption this afternoon. This has to do with all the bribes he accepted and the corruption he embodied from 1969 through May of this year.
  • New Republic's Tori Otten agrees with me that US Senator Tommy Tuberville (R-AL) is the dumbest schmuck in the Senate. (She didn't use the word "schmuck," but it fits.)
  • Texas has started flying migrants to Chicago, illegally, in an ongoing effort to troll Democratic jurisdictions over immigration. This came shortly after they passed a manifestly unconstitutional immigration law of their own.
  • Millennial journalist Max Read, a kid who took over the Internet that my generation (X) built from the ground up, whinges about "the kids today" who have taken it over from his generation. (He thinks a gopher is just a rodent, I'd bet.)
  • Hard to believe, speaking of millennials, that today is the 35th anniversary of Libya blowing up Pan Am 103 over Lockerbie, Scotland.

Finally, a court in California has ordered one "Demeterious Polychron" to destroy all extant copies of what I can imagine to be a horrific example of JRR Tolkien fanfic that the court found infringes on the Tolkien estate's copyrights. Note that Polychron (a) put his self-published fanfic for sale on Amazon and Barnes & Noble, (b) after sending it to them with a letter call it "the obvious pitch-perfect sequel" to The Lord of the Rings, and then (c) suing them when they allowed Amazon to produce its own prequel, Lord of the Rings: Rings of Power. Note to budding novelists: if you're writing fanfic, don't sue the underlying material's copyright owner for infringement.

Finally saw the sun

I complained yesterday that Chicago hadn't seen sunlight in almost a week. Ever the fount of helpful weather statistics, WGN pointed out that it made it the cloudiest start to a December since 1952. This streak had nothing on my winter break in 1991-92, when Chicago went 12 days without sunlight, or spring 2022, which had only 1 day of sunshine from March 21st through May 2nd. So the sun on my face this morning was delightful.

In other gloominess:

Finally, Block Club Chicago today posted almost exactly the same thing I have posted more than once: that Friday will be Chicago's earliest sunset of the year. I'm just sad they didn't cite Weather Now.

Flying out tomorrow

Tomorrow I have a quick trip to the Bay Area to see family. I expect I will not only continue posting normally, but I will also research at least two Brews & Choos Special Stops while there. Exciting stuff.

And because we live in exciting times:

Finally, if you're in Chicago tonight around 6pm, tune into WFMT 98.7 FM. They're putting the Apollo Chorus performance at Holy Name Cathedral in their holiday preview. Cool! (And tickets are still available.)

Long day

I have tickets to a late concert downtown, which means a few things, principally that I'm still at the office. But I'm killing it on this sprint, so it works out.

Of course this means a link dump:

I promise to write something substantial tomorrow or Saturday. Promise.