Quotulatiousness

November 17, 2013

The Anglosphere

Filed under: Britain, History, Liberty, USA — Tags: , , — Nicholas @ 11:27

In the Wall Street Journal, Daniel Hannan discusses exceptionalism and the Anglosphere:

We often use the word “Western” as a shorthand for liberal-democratic values, but we’re really being polite. What we mean is countries that have adopted the Anglo-American system of government. The spread of “Western” values was, in truth, a series of military victories by the Anglosphere.

I realize that all this might seem strange to American readers. Am I not diluting the uniqueness of the U.S., the world’s only propositional state, by lumping it in with the rest of the Anglosphere? Wasn’t the republic founded in a violent rejection of the British Empire? Didn’t Paul Revere rouse a nation with his cry of “the British are coming”?

Actually, no. That would have been a remarkably odd thing to yell at a Massachusetts population that had never considered itself anything other than British (what the plucky Boston silversmith actually shouted was “The regulars are coming out!”). The American Founders were arguing not for the rejection but for the assertion of what they took to be their birthright as Englishmen. They were revolutionaries in the 18th-century sense of the word, whereby a revolution was understood to be a complete turn of the wheel: a setting upright of that which had been placed on its head.

[…]

There was a fashion for florid prose in the 18th century, but the second American president, John Adams, wasn’t exaggerating when he identified the Anglosphere’s beautiful, anomalous legal system — which today covers most English-speaking countries plus Israel, almost an honorary member of the club, alongside the Netherlands and the Nordic countries — as the ultimate guarantor of freedom: “The liberty, the unalienable, indefeasible rights of men, the honor and dignity of human nature… and the universal happiness of individuals, were never so skillfully and successfully consulted as in that most excellent monument of human art, the common law of England.”

Freedom under the law is a portable commodity, passed on through intellectual exchange rather than gene flow. Anyone can benefit from constitutional liberty simply by adopting the right institutions and the cultural assumptions that go with them. The Anglosphere is why Bermuda is not Haiti, why Singapore is not Indonesia, why Hong Kong is not China — and, for that matter, not Macau. As the distinguished Indian writer Madhav Das Nalapat, holder of the Unesco Peace Chair, puts it, the Anglosphere is defined not by racial affinity but “by the blood of the mind.”

At a time when most countries defined citizenship by ancestry, Britain was unusual in developing a civil rather than an ethnic nationality. The U.S., as so often, distilled and intensified a tendency that had been present in Great Britain, explicitly defining itself as a creedal polity: Anyone can become American simply by signing up to the values inherent in the Constitution.

November 16, 2013

Whatever happened to Chinese “soft power”?

Filed under: China, Pacific, Politics — Tags: , , — Nicholas @ 10:51

James R. Holmes says the Chinese have unequivocally abandoned soft power:

China never ceases to amaze. Not only has the leadership done away with a promising soft-power campaign that was years in the making. It razed its own soft-power edifice to the ground, and salted the ruins so nothing can take root again. Why remains a mystery.

The latest trouble sign came after Typhoon Haiyan slammed into the Philippine Islands over the weekend, claiming at least more than 1,800 lives so far. Professor Mead posted an item marveling at the paltry sum Beijing committed to Philippine disaster relief. Upon reading it, I was sure Mead had omitted two or three zeroes. But sure enough, cross-checking his commentary against a Reuters report shows he had the figure right: US$100,000 in direct aid, and another US$100,000 through the Red Cross. Such token amounts give tokenism a bad name.

Forget smile diplomacy. This is sneer diplomacy. Many observers, myself included, ascribed Chinese inaction following the 2004 Indian Ocean tsunami to immature capability. The PLA hadn’t yet fielded the expeditionary capabilities necessary to render assistance far from Chinese shores. Beijing did little because it could do little. Chinese forces, however, now own disaster-relief assets such as the hospital ship Peace Ark. Yet they remain idle. It’s hard to escape the conclusion that Beijing is withholding help out of pique. Manila, after all, has the temerity to insist that its exclusive economic zone is, well, its exclusive economic zone. Seems political tit-for-tat trumps alleviating human suffering.

[…]

There’s an upside to this from an American standpoint: China has made itself look small and petty, like a skinflint rather than a magnanimous power worthy of regional leadership. This is self-defeating conduct of a high order. Far be it from me to interfere with a strategic competitor intent on shooting himself in the foot. Fire!

US apparently trying out new quasi-monarchical form of government

Filed under: Government, Wine — Tags: , , , , — Nicholas @ 10:18

As a British-born Canadian I’m used to the occasional ill-informed jab from American commentators about our form of government being a barbaric remnant of the dark ages, what with still having a monarch and all. If I respond at all, it’s usually to point out that we owe a lot for the longevity of our slowly evolving political system to the “Baronial brute squad of 1215” and the fact that we’ve (for the most part) steadily moved the monarch away from the levers of power. 798 years of political evolution is not to be sneered at. In the United States, the evolution has apparently gone in the other direction: moving those levers of power toward the monarch and away from the soi-disant “legislative branch” of government.

I haven’t seen as much fun-poking about the monarchy from my American friends lately, as they seem to have introduced a new form of non-crown-wearing, non-ermine-trimmed monarchy:

It is a condition of my admission to this great land that I am not allowed to foment the overthrow of the United States government. Oh, I signed it airily enough, but you’d be surprised, as the years go by, how often the urge to foment starts to rise in one’s gullet. Fortunately, at least as far as constitutional government goes, the president of the United States is doing a grand job of overthrowing it all by himself.

On Thursday, he passed a new law at a press conference. George III never did that. But, having ordered America’s insurance companies to comply with Obamacare, the president announced that he is now ordering them not to comply with Obamacare. The legislative branch (as it’s still quaintly known) passed a law purporting to grandfather your existing health plan. The regulatory bureaucracy then interpreted the law so as to un-grandfather your health plan. So His Most Excellent Majesty has commanded that your health plan be de-un-grandfathered. That seems likely to work. The insurance industry had three years to prepare for the introduction of Obamacare. Now the King has given them six weeks to de-introduce Obamacare.

“I wonder if he has the legal authority to do this,” mused former Vermont governor Howard Dean. But he’s obviously some kind of right-wing wacko. Later that day, anxious to help him out, Congress offered to “pass” a “law” allowing people to keep their health plans. The same president who had unilaterally commanded that people be allowed to keep their health plans indignantly threatened to veto any such law to that effect: It only counts if he does it — geddit? As his court eunuchs at the Associated Press obligingly put it: “Obama Will Allow Old Plans.” It’s Barry’s world; we just live in it.

The reason for the benign Sovereign’s exercise of the Royal Prerogative is that millions of his subjects — or “folks,” as he prefers to call us, no fewer than 27 times during his press conference — have had their lives upended by Obamacare. Your traditional hard-core statist, surveying the mountain of human wreckage he has wrought, usually says, “Well, you can’t make an omelet without breaking a few eggs.” But Obama is the first to order that his omelet be unscrambled and the eggs put back in their original shells. Is this even doable? No. That’s the point. When it doesn’t work, he’ll be able to give another press conference blaming the insurance companies, or the state commissioners, or George W. Bush . . .

QotD: Petronius was right

Filed under: Education, History, Media, Quotations, USA — Tags: , , , , — Nicholas @ 09:57

Sometime in the mid-first century a.d., an otherwise little known consular official, Gaius Petronius, wrote a brilliant satirical novel about the gross and pretentious new Roman-imperial elite. The Satyricon is an often-cruel parody about how the Roman agrarian republic of old had degenerated into a wealth-obsessed, empty society of wannabe new elites, flush with money, and both obsessed with and bored with sex. Most of the Satyricon is lost. But in its longest surviving chapter — “Dinner with Trimalchio” — Petronius might as well have been describing our own 21st-century nomenklatura.

[…]

Another farce in the Satyricon involves the nonchalant ignorance of Trimalchio and his guests. The wannabes equate influence and money with status and learning and so pontificate about current events, with made-up mythologies and half-educated references to history. When Trimalchio and his banqueters begin to sermonize on literature, almost everything that follows turns out to be wrong — as Petronius reminds us how high learning has become as inane a commodity as food or sex, and only sort of half consumed, rather like the 2008 campaign of faux Greek columns and Vero possumus, which were supposed to convey gravitas.

Likewise, in our version, what does a $200,000 Ivy League education or a graduate degree really get you any more? In the sophisticated world of our political and highly credentialed elites, there are 57 states. Atlantic Coast cities are said to lie along the Gulf of Mexico; after all, they are down there somewhere in the South. The Malvinas become the Maldives — Ma- with an s at the end seems close enough. Corps-men serve in the military (as zombies?). Medgar Evans was a civil-rights icon, but you know whom we mean. President Roosevelt addressed the nation on television after the stock-market crash in 1929 — well, he would have, had he been president then and if only Americans had had televisions in their homes. And how are we to know that what we read from celebrity authors is not just made up or plagiarized, whether a Maureen Dowd column or a Doris Kearns Goodwin book?

The famously nouveau-riche Trimalchio’s guests drop the names of the rich and powerful, mostly to remind one another that they are now among the plutocracy that is replacing the old bankrupt aristocracy. We too are seeing something like that metamorphosis. It is hard to guess on any given summer weekend which populist progressive family — the Obamas, the Clintons, the Kerrys, the Gores — will be ensconced on what particular Hamptons, Nantucket, or Martha’s Vineyard beach, rubbing shoulders with just the sort of Silicon Valley or Wall Street new zillionaires who during work hours are supposed to be the evil “1 percent” and “fat cats” who need to be forced to pay their “fair share.”

Victor Davis Hanson, “An American Satyricon”, National Review Online, 2013-08-27

November 15, 2013

Near-future investment advice – get out of retail clothing businesses

Filed under: Business, Technology — Tags: , , — Nicholas @ 16:19

As Charles Stross makes clear in his most recent blog post, the way we buy clothes will be changing markedly in the near future:

Fabrican is a unlikely-sounding spin-off of the Department of Chemical Engineering, at Imperial College (which in case you’re not familiar with it is one of the top engineering/science colleges in the UK; formerly part of the University of London) — at least, it’s unlikely until you begin thinking in terms of emulsions, colloids, and the physical chemistry of nanoscale objects. It’s basically fabric in a spray can. Tiny fibres suspended in liquid are ejected through a fine nozzle and, as the supernatant evaporates, they adhere to one another. If at this point you’re thinking The Jetsons and spray-on clothing, have a cigar: you’ve fallen for the obvious marketing angle, because if you’re trying to market a new product and raise brand awareness among the public, what works better than photographs of serious-faced scientists with paint guns spray-painting hot-looking models with skin-tight instant leotards? (Note: the technical term for this sort of marketing gambit is, or really ought to be, bukake couture.)

[…]

What are the implications?

If you don’t think printing woven fabric is a big deal, DARPA beg to differ; DARPA is pumping serious money into robot sewing machines. But automating garment assembly from traditional fabric components turns out to be a really hard problem (as this possibly-paywalled New Scientist article on a €23M project to build a sewbot explains). Cloth is slippery, changes shape if you drop it, wrinkles, and has to be stretched and twisted and folded as it is sewn. Note that final word: sewn. If you can print fabric in situ out of fibres in a liquid form, you don’t need to sew components to shape—especially if you can print more than one type and colour of fibre at a time: you can fabricate your “stitches” (inter-layer connections) as part of the process, with minimal hand-finishing to possibly add fasteners (zips or buttons).

Add in a left-field extra: the rapid spread of millimeter wave scanners for airport security. These devices caused a bit of a to-do, earning them the nick-name “perv scanner” in some circles, because of their ability to see through clothing to the skin beneath, in order to check passengers for hidden contraband. But if you put the same machine in a clothes shop, it allows the establishment to obtain extremely accurate measurements of its customers without requiring a strip-tease and manual measurement of all the relevant saggy, lumpy bits and pieces. By use of surface-penetrating wavelengths (possibly high-intensity laser light, or infrared) it may also be possible to automatically distinguish between fatty tissue, musculature, and underlying bone structure. All of which are relevant to the construction of clothing.

So here’s my picture of the chain store of the future. You go in, go to the scanning booth, and do the airport-equivalent thing in a variety of positions — stretch and bend as well as hands-up. You then look at the styles on display on the shop floor, pick out what you like, and see it as it will appear on your own body on an avatar on a computer screen. You buy it, and a machine in the back of the store (or an out-of-town lights out 24×7 robotic garment factory) begins to print it. Some time later — maybe minutes, maybe hours or a day or two — the outfit you ordered comes to you. And it fits perfectly, every time. Some items are probably still off-the-shelf (socks, hosiery, maybe even those cheap tee shirts), but anything major is printed, unless you can afford to go to the really high end and pay a human being to make it for you out of natural fibres. Oh, and the printed stuff doesn’t have seams in places that chafe or bind.

Corporations and social responsibility

Filed under: Business, Government, Law — Tags: , , , , , — Nicholas @ 14:17

In this week’s Goldberg File email, Jonah Goldberg talks about the notion that corporations should operate with an eye to “social responsibility”:

Milton Friedman was famously opposed to the whole idea of “corporate social responsibility.” His argument was that corporations have a single obligation: to maximize profits for shareholders. When CEOs spend money on gitchy-goo feel-good projects, they are exceeding their authority and wandering outside the lines of their job description. I’ve always been very sympathetic to this view. If you asked me to invest $10,000 dollars in your startup company and then I found out you spent $5,000 of it to sponsor a program to teach prison-gang members to settle their disagreements by acting out scenes from Little Women, I’d be pretty pissed. That’s not why I gave you the money. And it’s pretty shabby of you to buy fame and praise for your generosity while spending someone else’s money. Indeed, it’s not much less selfish than blowing it on a three-day bender with the mayor of Toronto.

There are lots of different takes on this argument and, because this is my “news”letter, I choose not to deal with most of them. My problem with the profit-maximizing-über-alles creed for Big Business is that it offers no principled or moral reason for Big Business to stay out of Uncle Sam’s bed. If the federal government can make it rain Benjamins for any business willing to twerk for its amusement, why should GE or Big Pharma or the insurance companies demur?

Of course, some businessmen understand the risks of getting in bed with the government. But, since there’s lots of money to be made, there will always be other businessmen perfectly happy to put on the French-maid uniform and bark like a dog.

Even Adam Smith said, “people of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.” That’s true. What’s even more true is that when government officials and business leaders sit down to talk, the inevitable result is a new “public-private partnership” that uses government force to limit competition from non-whorish corporations. Railroad magnates lobbied for the Interstate Commerce Commission. AT&T asked the government to make them a monopoly in the name of “efficiency” so they could clear the field of competition. Andrew Carnegie wanted government control of the steel industry so he could rely on Uncle Sam to guarantee his profit margins. GE loves Obama’s green-energy stuff, because without the inherent subsidies and regulations, it couldn’t make money off of its green tech.

I have no problem with contractors doing work for the government. It’s better that the guys building roads and bridges work for the private sector. But when big businesses agree to make the country less free, the market less competitive, Americans less prosperous, and the state more powerful just to make a few more bucks for their shareholders, it makes me think that Milton Friedman was wrong. We need a free-market version of corporate social responsibility. We need to equip businessmen with an ethical code that tells them there’s a principled reason not to get in bed with the government. They’d still be free to violate that principle, of course, but if they did, I hope they’d have the good sense not to come running to us to complain that the government has asked them to eat a bowl of dogsh**t.

This week in Guild Wars 2

Filed under: Gaming — Tags: , — Nicholas @ 12:52

My weekly Guild Wars 2 community round-up at GuildMag is now online. This week’s content update is the Nightmares Within, which takes us inside the huge tower that appeared in the previous update, plus there’s the usual assortment of blog posts, videos, podcasts, and fan fiction from around the GW2 community.

Nadine Strossen is against banning “dangerous” ideas

Filed under: Liberty, Media — Tags: , , , , — Nicholas @ 08:25

Brendan O’Neill talks to former ACLU president and ardent feminist Nadine Strossen about censorship and the demand to ban “rape porn”:

New York City doesn’t only have better buildings, bridges and burgers than London — it also has better feminists.

As British feminists agitate tooth-and-nail for the banning, or at least modesty-bagging, of lads’ mags, rape porn, Page 3 and pop vids, the NYC-based feminist and former president of the American Civil Liberties Union, Nadine Strossen, tells me she wouldn’t support the censoring or censure or even stigmatisation of any misogynistic material, including the most warped, woman-objectifying porn.

‘As a feminist, I vehemently disagree with the idea that women are sex objects, that women should be raped, that women should be discriminated against or treated unfavourably in any way’, she tells me in her offices at the New York Law School in downtown Manhattan, where she is professor of law. ‘And yet, to paraphrase Voltaire, I would defend to the death your right to say any of those things, and to say them explicitly, and to say them using sexual language.’

But what about the claim that porn, especially the disturbing rape-fantasy stuff, gives some men a skewed impression of women, implanting in their possibly dim-witted heads the idea that women are objects existing solely to satisfy male lust?

‘Well, if the “harm” [she asks for those quote marks] of a certain form of speech is that the idea it is promoting is one of which society disapproves, then that is the exact antithesis of a justification for censoring it’, she says. So far from dodging the cri de Coeur of our censorious age — which is that speech and film and porn and all the rest of it can affect individuals’ view of the world — Strossen turns it into an argument against censorship. ‘Any expression can potentially affect people’s attitudes. That is why speech is so important to protect — precisely because it can influence ideas’, she says.

Misunderstanding the purpose of health insurance

Filed under: Business, Economics, Health — Tags: , , , , — Nicholas @ 00:01

One of the big problems facing everyone in the US is the cost of healthcare: it’s expensive and getting more so. Obamacare is supposed to be an attempt to lower the overall cost of healthcare, but by approaching it from the “insurance” angle, it’s likely to make the situation worse rather than better. The Anti-Gnostic reposted an extended comment from Steve Sailer’s blog explaining why misunderstanding the purpose of insurance is a big problem:

1) Most people lose money on insurance, because most of the time insurance doesn’t pay out more than it takes in.

2) Thus, a “good” policy is a catastrophic-coverage-only, high-deductible policy, where most payments are out of pocket. This is a policy that protects you against the downside risk, but where you lose a lot less on average.

3) This is because the purpose of insurance is to protect yourself from *catastrophe*, not to make routine purchases.

4) For example, if you went to Best Buy and whipped out your home insurance card to get a new flat screen TV, everyone would look at you as a crazy man. “Don’t you know that home insurance is only for fires and floods, and not for routine purchases?”

5) And so it should be with health insurance, because you’ll actually — *provably* — pay less with a high deductible plan for all but catastrophic conditions.

6) Indeed, the most innovative and technologically advanced areas of medicine are ambulatory areas in which people feel that markets are “ok”. These are paradoxically the most trivial areas: lasik, plastic surgery, dermatology, dentistry, even veterinary medicine.

7) Why are these areas so advanced? Because people pay cash money, because they choose based on quality, and because they are *able* to choose — i.e. they aren’t being wheeled up to the hospital in a gurney in a no choice scenario.

8) Moreover, with every technology ever, from cars to cell phones to air travel to computers, things that start out expensive become cheaper when enough people demand them. With medicine it seems to bite more that money means differences in care. But at the end of the day doctors, patients, nurses, drugs, ambulances…all that stuff means real resources, and a refusal to do explicit computations just results in massive waste as costs are shunted to a place where no one looks at them.

At the Independent Institute blog, John Graham points out that — in the few places that government allows free markets to operate — prices tend to drop over time even while services or features improve:

It has taken a long time, but the price of hearing aids is in the process of falling dramatically. How has this happened? Technological innovation, of course, but there is more. There’s no shortage of technological innovation in U.S. health care. However, because third-party payers, that is, health insurers and governments, determine prices, there is no mechanism for customers to signal value to providers.

This is not the case for hearing aids: Although some states have mandated insurance coverage for hearing aids, this is usually limited to disabled children. The big market for hearing aids is seniors, and Medicare does not cover hearing aids.

This is another case of a phenomenon observed elsewhere by Devon Herrick of the National Center for Policy Analysis [PDF]: Where patients pay directly for medical care, prices fall like they do in every other market.

Seniors who want highly personalized service from an audiologist in his own practice can get it, and they will pay for it. Those who want to order online can save money by doing that. Those who want to get their old hearing aids repaired can make that choice. And the most adventurous seniors, who don’t mind running an earpiece into an iPhone, can get a functional hearing aid almost for free.

We are on the verge of enjoying universal access to hearing aids — but only because the government restrained itself from interfering, and let the market operate.

November 14, 2013

Scientific facts and theories

Filed under: Environment, Science, Space — Tags: , , , , — Nicholas @ 10:32

Christopher Taylor wants to help you avoid mis-using the word “fact” when you’re talking about “theories”:

These days, criticizing or questioning statements on science can get you called an idiot or even a heretic; science has become a matter of religious faith for some. If a scientist said it, they believe it, and that’s that. Yet the very nature about science is not to be an authoritative voice, but a method of inquiry; science is about asking questions and wondering if something is valid and factual, not a system of producing absolute statements of unquestioned truth.

It is true that people need that source of truth and it is true that we’re all inescapably religious creatures, so that will find an outlet somewhere. Science just isn’t the proper outlet for it.

[…]

The problem is that there’s no way to test or confirm this theory [plate tectonics]. You can make a model and see it work, you can check out types of rock and examine fault lines, and you can make measurements, but that’s only going to tell you small portions of information in very limited time frames. Because the earth is so huge, and because there are so very many different pressures and influences on everything on a planet, you can’t be sure without observation over time.

And since the theory posits that it would take millions of years to really demonstrate this to be true, humanity cannot test it enough to be certain. So all we’re left with is a scientific theory: a functional method of interpreting data. In other words, it cannot be properly or accurately describe as fact.

This is true about other areas. The word “fact” is thrown around so casually with science and is defended angrily by people who really ought to know better. Cosmology does this a lot. Its a fact that the universe is expanding from an unknown central explosive point (although there is a fair amount of data that’s throwing this into question). We can’t know because we can’t have enough data and there hasn’t been long enough to really test this.

Michael Crichton’s criticism of global warming was along these lines. He didn’t deny anything, he just said its too big and complex a system that we understand far too little about to even attempt to make any absolute or authoritative statements about it. Science has gotten us far beyond our ability to properly measure or interpret the data at hand, but some still keep trying to make absolute statements anyway.

[…]

And that’s the heart of a scientific theory. It isn’t like a geometric theorem (a statement or formula that can be deduced from the axioms of a formal system by means of its rules of inference), or a theory that Sherlock Holmes might develop (a proposed explanation whose status is still conjectural). A scientific theory is a system of interpreting data (a coherent group of general propositions used as principles of explanation for a class of phenomena). It’s a step beyond a hypothesis, which is simply speculation or a guess, but is not proven fact.

Confusing theory with fact is really not excusable for an educated person, but some theories are so wedded to worldviews and hopes that they become a matter of argument and even rage. Questioning that theory means you’re an idiot, uneducated, worthless. If you doubt this theory, you’re clearly someone who is wrong about everything and should be totally ignored in life, even showered with contempt.

For all its rich vocabulary, English fails to correctly differentiate among the various uses of the word “theory”, which allows propagandists and outright frauds to confuse the issues and obscure the difference between what science can say about an issue and what believers desperately want to be true.

QotD: Prostitution

Filed under: Britain, Law, Quotations — Tags: — Nicholas @ 09:57

Society seems to have a confused and ambivalent relationship with prostitutes. On the one hand, some argue that prostitution is the last vestige of employment for women who have been entirely subjugated beneath the will of a patriarchal society. For these people, mostly contemporary feminists, prostitutes are a ‘symptom’ of some deep patriarchal disease; they’re women who have placed themselves at the mercy of the sexual marketplace because they have no other option.

On the other hand, prostitution is celebrated as a trendy new sexuality, a symbol of feminine empowerment. At a time when being intimate is variously seen as uncool, dangerous, or emotionally ‘too much’, the fact that people sell sex like they would sell a television is seen as a funky and positive approach to modern sexual interactions. The popularity of TV dramas like Secret Diary of a Call Girl, in which Billie Piper plays a high-class prostitute getting into all sorts of scrapes in the process of prostituting herself, shows that many are happy to embrace prostitution as part of a new era of contemporary sexuality.

[…]

Prostitution is not liberating, but nor is it a symbol of absolute oppression. It is definitely not a funky new form of sexuality. For those who choose to do it, it is simply a reality. By indulging mawkish fantasies about the vulnerability of prostitutes, our laws make life harder for those it purports to protect by precluding the possibility of establishing informal networks of self-regulation and protection in the world of prostitution. We should take prostitutes seriously enough to allow them to get on with it however they choose.

Luke Gittos, “Britain’s crazy prostitution laws: The UK’s array of prostitution laws only make things worse for sex workers”, Sp!ked, 2013-11-14

If you like DRM in your computer, you’ll love it in your car

Filed under: Law, Technology, USA — Tags: , , , , , — Nicholas @ 09:05

The Electronic Frontier Foundation thinks that extending the DRM regime to cars (as in the latest vehicle from Renault) will drive consumers crazy:

Forget extra cupholders or power windows: the new Renault Zoe comes with a “feature” that absolutely nobody wants. Instead of selling consumers a complete car that they can use, repair, and upgrade as they see fit, Renault has opted to lock purchasers into a rental contract with a battery manufacturer and enforce that contract with digital rights management (DRM) restrictions that can remotely prevent the battery from charging at all.

We’ve long joined makers and tinkerers in warning that, as software becomes a part of more and more everyday devices, DRM and the legal restrictions on circumventing it will create hurdles to standard repairs and even operation. In the U.S., a car manufacturer who had wrapped its onboard software in technical restrictions could argue that attempts to get around those are in violation of the Digital Millennium Copyright Act (DMCA) — specifically section 1201, the notorious “anti-circumvention” provisions. These provisions make it illegal for users to circumvent DRM or help others do so, even if the purpose is perfectly legal otherwise. Similar laws exist around the world, and are even written into some international trade agreements — including, according to a recently leaked draft, the Trans-Pacific Partnership Agreement.

Since the DMCA became law in 1998, Section 1201 has resulted in countless unintended consequences. It has chilled innovation, stifled the speech of legitimate security researchers, and interfered with consumer rights. Section 1201 came under particular fire this year because it may prevent consumers from unlocking their own phones to use with different carriers. After a broadly popular petition raised the issue, the White House acknowledged that the restriction is out of line with common sense.

WikiLeaks strikes again

Filed under: Economics, Government, USA — Tags: , , , , , — Nicholas @ 08:50

This time it’s apparently a recent draft of the Trans-Pacific Partnership agreement. The Register‘s Richard Chirgwin assures us that it’s not as bad as we thought — it’s much worse:

The TPP is a document supposed to harmonise intellectual property protections in participating nations — America, Canada, Australia, New Zealand, Japan, Malaysia, Vietnam, Brunei, Singapore, Chile and Peru. Instead, it looks like a an Australia-US-Japan club force-marching the treaty into America’s favoured position on nearly everything, from criminalisation of copyright infringements through to a blank cheque for pharmaceutical companies.

The document, here, is huge, but some of the key items include:

  • Criminalisation of copyright infringement by all signatories;
  • Stronger DRM and “technological protection measure” regimes;
  • ISPs to be made liable for copyright infringement on their networks;
  • A “take it down first, argue later” DMCA-like process for notifying copyright infringements;
  • Patentable plants and animals;
  • The evergreening of patents — this has become particularly notorious in the pharmaceutical business, where the repackaging of an out-of-patent medication is used to keep common compounds out of the public domain.

America and Japan are opposing consumer protections proposed by the other nations (Australia excepted). These provisions, in Article QQ.A.9, would be designed to prevent the abuse of copyright processes, use of intellectual property rights as a restraint of trade or as the basis of anticompetitive practises.

[…]

America manages to put itself beyond the pale as the sole sponsor of Article QQ.E.1, pretty much a “Monsanto clause” by pushing for patent coverage of plants and animals, including “biological processes for the production of plants and animals.” New Zealand, Canada, Singapore, Chile and Mexico want to specifically exclude these, along with “diagnostic, therapeutic and surgical methods for the treatment of humans or animals”.

How the internet was “weaponized”

Filed under: Government, Technology, USA — Tags: , , , , , — Nicholas @ 07:45

In Wired, Nicholas Weaver looks back on the way the internet was converted from a passive network infrastructure to a spy agency wonderland:

According to revelations about the QUANTUM program, the NSA can “shoot” (their words) an exploit at any target it desires as his or her traffic passes across the backbone. It appears that the NSA and GCHQ were the first to turn the internet backbone into a weapon; absent Snowdens of their own, other countries may do the same and then say, “It wasn’t us. And even if it was, you started it.”

If the NSA can hack Petrobras, the Russians can justify attacking Exxon/Mobil. If GCHQ can hack Belgicom to enable covert wiretaps, France can do the same to AT&T. If the Canadians target the Brazilian Ministry of Mines and Energy, the Chinese can target the U.S. Department of the Interior. We now live in a world where, if we are lucky, our attackers may be every country our traffic passes through except our own.

Which means the rest of us — and especially any company or individual whose operations are economically or politically significant — are now targets. All cleartext traffic is not just information being sent from sender to receiver, but is a possible attack vector.

[…]

The only self defense from all of the above is universal encryption. Universal encryption is difficult and expensive, but unfortunately necessary.

Encryption doesn’t just keep our traffic safe from eavesdroppers, it protects us from attack. DNSSEC validation protects DNS from tampering, while SSL armors both email and web traffic.

There are many engineering and logistic difficulties involved in encrypting all traffic on the internet, but its one we must overcome if we are to defend ourselves from the entities that have weaponized the backbone.

November 13, 2013

The NFL “closed shop”

Filed under: Business, Football, Law, Liberty — Tags: , , , , — Nicholas @ 10:35

In Reason, S.M. Oliva discusses how the NFL’s exemption from normal labour regulations makes it difficult to assess the rights and wrongs in the Miami Dolphins “bullying” situation:

Many libertarians see nothing wrong with the NFL’s labor system. Even in a pure free market, employers and unions could enter into “closed shop” agreements like the NFL’s CBA. But as we all know, professional sports hardly exist in a free market. The NFLPA itself holds a government-sanctioned monopoly over all current and future NFL players. Indeed, Martin was not even a union member when the NFLPA signed the current CBA in 2011.

More importantly, in a free market any closed shop would face competition from new entrants seeking to exploit the incumbent’s labor restrictions. There’s little risk of that with the NFL given that most of its infrastructure is subsidized by government. This includes not just stadiums built with billions in taxpayer financing, but also player development, as most NFL players are the product of college football programs subsidized by state-run universities.

There’s also the perverse incentives created by federal antitrust law. The collective bargaining process creates an exemption from antitrust law. Without that exemption, most NFL labor policies, such as the draft, would be deemed illegal. Now, that’s hardly a libertarian outcome. But consider the NFL’s position. The more rules and restrictions they can stuff into the CBA, the lower the risk of future antitrust lawsuits. Thus, the exemption encourages the NFL (and the NFLPA) to centralize as much of its labor policy as possible.

That means there’s little motive to experiment with more flexible labor policies. Individual teams can’t offer employee incentives or enforce discipline in any way that conflicts with the CBA. When there are workplace disputes like the Dolphins situation, the bureaucracy acts not to “protect” employees, but to ensure nothing disturbs the government-granted authority of the league and its monopoly labor union.

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