Quotulatiousness

March 16, 2024

The “TikTok ban” isn’t really about banning TikTok

Filed under: China, Government, Media, Technology, USA — Tags: , , , , — Nicholas @ 04:00

Matt Taibbi explains why the movement to ban TikTok is so dangerous to Americans’ civil liberties:

As discussed on the new America This Week, passage of the TikTok ban represents a perfect storm of unpleasant political developments, putting congress back fully in line with the national security establishment on speech. After years of public championing of the First Amendment, congressional Republicans have suddenly and dramatically been brought back into the fold. Meanwhile Democrats, who stand to lose a lot from the bill politically — it’s opposed by 73% of TikTok users, precisely the young voters whose defections since October put Joe Biden’s campaign into a tailspin — are spinning passage of the legislation to its base by suggesting it’s not really happening.

“This is not an attempt to ban TikTok, it’s an attempt to make TikTok better,” is how Nancy Pelosi put it. Congress, the theory goes, will force TikTok to divest, some kindly Wall Street consortium will gobble it up (“It’s a great business and I’m going to put together a group to buy TikTok,” Steve Mnuchin told CNBC), and life will go on. All good, right?

Not exactly. The bill passed in the House that’s likely to win the Senate and be swiftly signed into law by the White House’s dynamic Biden hologram is at best tangentially about TikTok.

You’ll find the real issue in the fine print. There, the “technical assistance” the drafters of the bill reportedly received from the White House shines through, Look particularly at the first highlighted portion, and sections (i) and (ii) of (3)B:

As written, any “website, desktop application, mobile application, or augmented or immersive technology application” that is “determined by the President to present a significant threat to the National Security of the United States” is covered.

[…]

As Newsweek reported, the bill was fast-tracked after a secret “intelligence community briefing” of Congress led by the FBI, Department of Justice, and the Office of the Director of National Intelligence (ODNI). The magazine noted that if everything goes as planned, the bill will give Biden the authority to shut down an app used by 150 million Americans just in time for the November elections.

Say you’re a Democrat, however, and that scenario doesn’t worry you. As America This Week co-host Walter Kirn notes, the bill would give a potential future President Donald Trump “unprecedented powers to censor and control the internet“. If that still doesn’t bother you, you’re either not worried about the election, or you’ve been overstating your fear of “dictatorial” Trump.

We have two decades of data showing how national security measures in the 9-11 era evolve. In 2004 the George W. Bush administration defined “enemy combatant” as “an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States”. Yet in oral arguments of Rosul et al v Bush later that year, the government conceded an enemy combatant could be a “little old lady in Switzerland” who “wrote a check” to what she thought was an orphanage.

Canadian courts bracing for a “tsunami” of Pretendians

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 03:00

Tristin Hopper on the dawning realization among Canadian provincial courts that they are facing a huge increase in the number of offenders hoping to take advantage of the reduced sentences available to First Nations people:

“The Pretendians”, a CBC documentary – https://www.cbc.ca/passionateeye/episodes/the-pretendians

A B.C. judge has warned that a “tsunami” of fake Indigenous people are set to hit the Canadian court system as offenders increasingly claim Indigenous status in a bid to obtain lighter treatment.

“A Tsunami is coming; driven by the desire of non-Indigenous people to get what they perceive to be the benefits of identifying as Indigenous,” B.C. Provincial Court Judge David Patterson said in a decision published this week.

Patterson warned his fellow judges “to be alive to the issue of Indigenous identity fraud” and begin demanding “proof” that offenders are “entitled to be sentenced as an Indigenous person”.

The decision was in regards to a Prince George, B.C., pastor, Nathan Legault, who was convicted of several charges related to the sexual victimization of young girls under his supervision, including a conviction for the making of child pornography.

But before the sentencing, Legault told the court he now self-identified as Métis, and should thus be subject to Gladue Rights — a system wherein judges are required to consider lighter and “alternate” sentences for Indigenous offenders.

First written into the Criminal Code in 1995 and then encoded in the 1999 Supreme Court decision R v. Gladue, these principles were explicitly introduced to reduce rates of Indigenous incarceration by requiring judges to consider “the circumstances of Aboriginal offenders” before applying a legal sanction.

R v. Gladue states specifically that the principle is “not to be taken as a means of automatically reducing the prison sentence of aboriginal offenders”. The decision also says that it’s “unreasonable to assume that aboriginal peoples do not believe in the importance of traditional sentencing goals”.

Nevertheless, lighter sentences and more ready bail are often the effect — to the point where the Gladue process has been criticized by Indigenous women’s groups for favouring Indigenous male offenders at the expense of Indigenous female victims.

Orwell – The New Life (DJ Taylor in discussion with Les Hurst)

Filed under: Books, Britain, History — Tags: , , , — Nicholas @ 02:00

The Orwell Society
Published Jun 9, 2023

DJ Taylor discusses his new biography of Orwell with Les Hurst

Part 2:

The Orwell Society
Published Jun 26, 2023

DJ Taylor answers questions and discusses issues raised by Orwell Society members.

QotD: “Surface democracies” and “surface monarchies” — how the deep state pretends to be something else

Filed under: Bureaucracy, Government, History, Japan, Quotations — Tags: , , , — Nicholas @ 01:00

The single-party state has a PR problem, and one solution to it is a more postmodern form of managed democracy, the “surface democracy”.

Surface democracies are wildly, raucously competitive. Two or more parties wage an all-out cinematic slugfest over hot-button issues with big, beautiful ratings. There may be a kaleidoscopic cast of quixotic minor parties with unusual obsessions filling the role of comic relief, usually only lasting for a season or two of the hit show Democracy. The spectacle is gripping, everybody is awed by how high the stakes are and agonizes over how to cast their precious vote. Meanwhile, in a bland gray building far away from the action, all of the real decisions are being made by some entirely separate organ of government that rolls onwards largely unaffected by the show.

Losers and haters are perpetually accusing the United States of being a surface democracy. Enemies of the state ranging from Ralph Nader to Vladimir Putin are constantly banging on about it, but this is a Patriotic Substack and we would obviously never countenance such insinuations about our noble republic. So there’s absolutely no chance it’s even the slightest bit true of the US, but … what about Japan?

Well, awkwardly enough, it turns out that the central drama of preindustrial Japanese history was the growing power of unofficial rulers (the shoguns) who ran the country in reality while the official rulers (the emperors) gradually devolved into puppets and figureheads. A “surface monarchy”, if you will. Of course that all ended with the Meiji Restoration of 1868 (c’mon, it says “restoration” right there in the name) which returned the emperor to being fully in charge … which is why when the Japanese declared war on America in 1941, neither the Emperor Hirohito nor the parliament was even consulted. Hang on a minute!

In fact, yes, prewar Japan may have been reigned over by a monarch, but it was ruled by the deep state — especially the career military general staff and the economic planning bureaucracies. I know it’s hard to believe that drab agencies regulating coal and steel production were able to go toe-to-toe with General Tojo, but just imagine that they were all being staffed by fanatical clans of demobilized samurai or something crazy like that. When MacArthur rolled in with the occupation forces, he had a goal of creating total discontinuity with Japan’s past and utterly bulldozing the government. But a guy needs to pick his battles, and so he obviously focused on getting rid of all those nasty generals and admirals he’d just spent years fighting. The harmless paper-pushers, on the other hand, how much trouble could they be? Maybe they could even help organize the place.

The chapter about the post-war occupation is one of the deadpan funniest in Johnson’s book. The American occupiers are genuinely trying to create a liberal democracy out of the ashes, but have no idea that the friendly, helpful bureaucrats they’ve enlisted in this quest were the secret rulers of the regime they’d just conquered. The stats bear this out — of all the officials who controlled Japan’s wartime industry, only a few dozen were ever purged by the Americans. The most striking example of continuity has to be Nobusuke Kishi,1 but there were countless others like him. These were the men charged with translating the occupiers’ desires into policy, reconstructing Japanese society, and finally drafting a new constitution. Then eventually the Americans sailed off, and the bureaucrats smiled and waved, and went back to ruling as they’d done for hundreds of years, behind the scenes.

John Psmith, “REVIEW: MITI and the Japanese Miracle by Chalmers Johnson”, Mr. and Mrs. Psmith’s Bookshelf, 2023-04-03.

    1 Briefly: Kishi was a descendant of samurai (of course) who became an economic planning bureaucrat (of course) and then the dictator of the Japanese puppet state in Manchuria in the 1930s. During his reign he tried out a lot of the industrial policy ideas that would later fuel the Japanese postwar boom … and also brutalized the population to such an extent that even other Imperial Japanese colonial administrators thought he was excessive. Later he signed the declaration of war against the United States (he was an economic planning bureaucrat, after all), and was briefly imprisoned as a war criminal after the Japanese surrender. Within a few years, however, he was back out, and running the country as prime minister. His brother was also prime minister. Oh … and his grandson was a guy you might have heard of, a guy named “Shinzo Abe”.

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