Quotulatiousness

August 18, 2013

The real problem facing the NSA and other intelligence organizations

Filed under: Bureaucracy, Government, Liberty — Tags: , , , , , — Nicholas @ 10:24

Charles Stross points out that there’s been a vast change in the working world that the NSA and other acronyms didn’t see coming and haven’t prepared themselves to face:

The big government/civil service agencies are old. They’re products of the 20th century, and they are used to running their human resources and internal security processes as if they’re still living in the days of the “job for life” culture; potential spooks-to-be were tapped early (often while at school or university), vetted, then given a safe sinecure along with regular monitoring to ensure they stayed on the straight-and-narrow all the way to the gold watch and pension. Because that’s how we all used to work, at least if we were civil servants or white collar paper pushers back in the 1950s.

[…]

Here’s the problem: they’re now running into outside contractors who grew up in Generation X or Generation Y.

Let’s leave aside the prognostications of sociologists about over-broad cultural traits of an entire generation. The key facts are: Generation X’s parents expected a job for life, but with few exceptions Gen Xers never had that — they’re used to nomadic employment, hire-and-fire, right-to-work laws, the whole nine yards of organized-labour deracination. Gen Y’s parents are Gen X. Gen Y has never thought of jobs as permanent things. Gen Y will stare at you blankly if you talk about loyalty to their employer; the old feudal arrangement (“we’ll give you a job for life and look after you as long as you look out for the Organization”) is something their grandparents maybe ranted about, but it’s about as real as the divine right of kings. Employers are alien hive-mind colony intelligences who will fuck you over for the bottom line on the quarterly balance sheet. They’ll give you a laptop and tell you to hot-desk or work at home so that they can save money on office floorspace and furniture. They’ll dangle the offer of a permanent job over your head but keep you on a zero-hours contract for as long as is convenient. This is the world they grew up in: this is the world that defines their expectations.

To Gen X, a job for life with the NSA was a probably-impossible dream — it’s what their parents told them to expect, but few of their number achieved. To Gen Y the idea of a job for life is ludicrous and/or impossible.

This means the NSA and their fellow swimmers in the acronym soup of the intelligence-industrial complex are increasingly reliant on nomadic contractor employees, and increasingly subject to staff churn. There is an emerging need to security-clear vast numbers of temporary/transient workers … and workers with no intrinsic sense of loyalty to the organization. For the time being, security clearance is carried out by other contractor organizations that specialize in human resource management, but even they are subject to the same problem: Quis custodiet ipsos custodes?

August 16, 2013

“What is true for Walmart is true for al Qaeda”

Filed under: Bureaucracy, Middle East — Tags: , , , — Nicholas @ 09:05

In Foreign Affairs, Jacob Shapiro looks at the management side of the terror “business”:

But the deeper part of the answer is that the managers of terrorist organizations face the same basic challenges as the managers of any large organization. What is true for Walmart is true for al Qaeda: Managers need to keep tabs on what their people are doing and devote resources to motivate their underlings to pursue the organization’s aims. In fact, terrorist managers face a much tougher challenge. Whereas most businesses have the blunt goal of maximizing profits, terrorists’ aims are more precisely calibrated: An attack that is too violent can be just as damaging to the cause as an attack that is not violent enough. Al Qaeda in Iraq learned this lesson in Anbar Province in 2006, when the local population turned against them, partly in response to the group’s violence against civilians who disagreed with it.

Terrorist leaders also face a stubborn human resources problem: Their talent pool is inherently unstable. Terrorists are obliged to seek out recruits who are predisposed to violence — that is to say, young men with a chip on their shoulder. Unsurprisingly, these recruits are not usually disposed to following orders or recognizing authority figures. Terrorist managers can craft meticulous long-term strategies, but those are of little use if the people tasked with carrying them out want to make a name for themselves right now.

Terrorist managers are also obliged to place a premium on bureaucratic control, because they lack other channels to discipline the ranks. When Walmart managers want to deal with an unruly employee or a supplier who is defaulting on a contract, they can turn to formal legal procedures. Terrorists have no such option. David Ervine, a deceased Irish Unionist politician and onetime bomb maker for the Ulster Volunteer Force (UVF), neatly described this dilemma to me in 2006. “We had some very heinous and counterproductive activities being carried out that the leadership didn’t punish because they had to maintain the hearts and minds within the organization,” he said, referring to a period in the late 1980s when he and the other leaders had made a strategic calculation that the Unionist cause was best served by focusing on nonviolent political competition. In Ervine’s (admittedly self-interested) telling, the UVF’s senior leaders would have ceased violence much earlier than the eventual 1994 cease-fire, but they could not do so because the rank and file would have turned on them. For terrorist managers, the only way to combat those “counterproductive activities” is to keep a tight rein on the organization. Recruiting only the most zealous will not do the trick, because, as the alleged chief of the Palestinian group Black September wrote in his memoir, “diehard extremists are either imbeciles or traitors.”

August 3, 2013

Wendy McElroy on the “invasive weed” threatening public schooling

Filed under: Bureaucracy, Education, Government, Liberty — Tags: , — Nicholas @ 00:01

Her most recent article in The Freeman talks about homeschooling in the United States:

To government, homeschooling resembles a weed that spreads and resists control. To homeschooling parents, it is the flowering of knowledge and values within children who have been abandoned or betrayed by public schools. A great tension exists between the two perspectives. Homeschooling’s continued growth has only heightened it.

The federal government has reacted by attempting to increase its control over homeschooling, for example, by pushing for increased regulation of homeschool curricula. But the federal government is hindered by certain factors. For one thing, education is generally the prerogative of individual states. Nevertheless, the federal government can often impose its will by threatening to withhold federal funds from states that do not comply with its measures.

But homeschooling parents cannot be threatened by a withdrawal of money they don’t receive. As it is, they are paying double. They pay taxes to support public schools from which they draw no benefit and they pay again in homeschooling money and in terms of lost opportunities such as the full-time employment of both parents. The “profit” they receive is a solid education for their children. What they want from the government is to be left alone.

The federal government is also hindered by not being able to play the “it’s for the children” card that justifies so many intrusive policies. Homeschooled children routinely display better development than public school students.

A 2012 article in Education News called the “consistently high placement of homeschooled kids on standardized assessment exams … one of the most celebrated benefits of homeschooling.” Education News compared the quality of homeschooling to that of public schooling. “Those who are independently educated typically score between the 65th and 89th percentile on such exams, while those attending traditional schools average on the 50th percentile. Furthermore, the achievement gaps, long plaguing school systems … aren’t present in the homeschooling environment. There’s no difference in achievement between sexes, income levels, or race/ethnicity.” Studies also indicate that homeschooled children are better socialized with both peers and adults.

July 12, 2013

The flaw in the idea of “smarter government”

Filed under: Bureaucracy, Government — Tags: , — Nicholas @ 08:39

Jonah Goldberg finds a brief passing point of consensus before it disappears:

President Obama wants to make government “smarter.” Who could disagree with that? After all, it’s unlikely that even the biggest fans of big government believe the way government does what it does is the very best, very smartest way imaginable. Whether you’re an anarchist, a Leninist, or somewhere in between, everyone can agree that Uncle Sam could afford a few more IQ points.

Let’s put it another way. If government is going to do X, it should do X the smartest way possible. On that proposition both Occupy Wall Street and the Tea Party agree.

Alas, this momentary flash of consensus disappears before our eyes like a shooting star the moment we ask a related but very different question: Is it smart for the government to do X in the first place? For instance: I think it’s a dumb idea to tickle a grizzly-bear cub while it’s napping on its mother’s belly. But if I’m given no choice but to do it, I’ll eagerly inquire about what’s the smartest way to do a very dumb thing. And if I’m told there is no smart way to do such a dumb thing (which I assume is true), I’ll at least ask for tips on the least dumb way to do it.

July 11, 2013

Who will background-check the watchers?

Filed under: Bureaucracy, Government, USA — Tags: , , , — Nicholas @ 11:11

Apparently, the folks who have been doing background checks for US government agencies have special abilities, including psychic powers:

The fallout from Ed Snowden’s leaks has taken many forms, one of which is the NSA taking a long look at its contractors’ hiring processes. Snowden claims to have taken the job solely to gathering damning info. This revelation, combined with some inconsistencies in his educational history, have placed the companies who perform background and credit checks under the microscope.

What these agencies are now discovering can’t be making them happy, including the news that one contractor’s investigative work apparently involved a seance.

    Anthony J. Domico, a former contractor hired to check the backgrounds of U.S. government workers, filed a 2006 report with the results of an investigation.

    There was just one snag: A person he claimed to have interviewed had been dead for more than a decade. Domico, who had worked for contractors CACI International Inc. (CACI) and Systems Application & Technologies Inc., found himself the subject of a federal probe.

It’s not as if Domico’s case is an anomaly.

    Domico is among 20 investigators who have pleaded guilty or have been convicted of falsifying such reports since 2006. Half of them worked for companies such as Altegrity Inc., which performed a background check on national-security contractor Edward Snowden. The cases may represent a fraction of the fabrications in a government vetting process with little oversight, according to lawmakers and U.S. watchdog officials.

Who watches the watchers’ watchers? It appears as if that crucial link in the chain has been ignored. Give any number of people a job to do and, no matter how important that position is, a certain percentage will cut so many corners their cubicles will start resembling spheres.

These are the people entrusted to help ensure our nation’s harvested data remains in safe hands, or at least, less abusive ones. Those defending the NSA claim this data is well-protected and surrounded by safeguards against abuse. Those claims were always a tad hollow, but this information shows them to be complete artifice. The NSA, along with several other government agencies, cannot positively say that they have taken the proper steps vetting their personnel.

Call it what you like, it’s still (petty) abuse of power and position

Filed under: Bureaucracy, Government — Tags: , , , , — Nicholas @ 09:18

BBC News Magazine collects a few euphemisms for bribes:

If you are stopped by traffic police in North Africa the officer may well ask you to sponsor his next cup of “kahwe“, or coffee. In Kenya you might be stopped by traffic policemen and asked to contribute to “tea for the elders” (“chai ya wazee” in Swahili). But in Turkey, the police would rather you give them “cash for soup”, or “chorba parasi” — soup is traditionally eaten at the end of a night of heavy drinking.

[. . .]

The phrase “a fish starts to stink at the head” (balik bashtan kokar) comes from Turkey, reminding us that petty bribes at street-level are often matched by greater corruption at the top of organisations and institutions. Mexican officials looking to earn a kickback for arranging a business deal will demand they are given “a bite” (una mordida), while their Columbian counterparts are said to “saw” (serrucho) off a part of a government contract for themselves.

[. . .]

Large-scale corruption has its own vocabulary, often created by the media. The “cash for questions” scandal involving British politicians comes to mind, as well as the Italian “tangentopoli” (“bribesville”) scandal in the early 1990s. Combining “tangente” meaning kickback, and “-poli” meaning city, the term referred to kickbacks given to politicians for awarding public works contracts.

July 5, 2013

Dudley Do-Wrong

Filed under: Bureaucracy, Cancon, Law — Tags: , , , , — Nicholas @ 09:32

The Royal Canadian Mounted Police have a great PR image in the rest of the world … for many people, the image of the scarlet-coated Mountie is synonymous with Canada. But for Canadians, there’s a growing unease about the RCMP:

Canadians have mixed views of our national police force, the Royal Canadian Mounted Police. We seem to admire the RCMP as an institution but are increasingly suspicious of the actions of individual Mounties and of the force’s brass — its senior officers and policymakers.

Our attitudes are further complicated by the fact that we seem to see the officers in our local detachments as good guys — they play on our men’s league hockey teams, help out with community charities, take their kids to school like the rest of us — yet we are beginning to see more bad apples elsewhere.

According to an Abacus Data poll of 1,000 Canadians conducted in late June, the Mounties remain one of our most trusted national institutions. A symbol of the country, the RCMP ranks right up there (69%) with the maple leaf (83%) and universal health care (78%).

Yet a majority of Canadians believe officers have used excess force (51%) and that sexism is rampant (54%) within the RCMP. Significant pluralities are also convinced problems within the force are “widespread” (43%) and are not being exaggerated (42%).

[. . .]

But I would guess, the biggest strains on the Mounties’ credibility, particularly in rural Canada and the West, have been over guns. And the warrantless seizure of hundreds of firearms from the homes of evacuees following the flooding in High River, two weeks ago — in which Mounties broke open doors and removed private property arbitrarily — will only widen the existing trust gap.

June 19, 2013

Even the Chinese statistics office couldn’t accept these numbers

Filed under: Bureaucracy, China, Economics, Government — Tags: , , — Nicholas @ 07:57

In the Wall Street Journal‘s ChinaRealtime section, an amusing story about a local Chinese government whose official statistics were so unrealistic that the central statistics office called them out on it:

It’s typically advisable not to accept Chinese economic data at face value – as even the country’s own premier will tell you. Figures on everything from inflation and industrial output to energy consumption and international trade often don’t seem to gel with observation and sometimes struggle to stack up when compared with other indicators.

How the figures are massaged and by whom is as much a secret as the real data itself. But in an unusual move, the National Bureau of Statistics – clearly frustrated with the lies, damn lies – has recently outed a local government it says was involved in a particularly egregious case of number fudging, providing rare insight into just how we’re being deceived.

According to a statement on the statistics bureau’s website dated June 14 (in Chinese), the economic development and technology information bureau of Henglan, a town in southern China’s Guangdong province, massively overstated the gross industrial output of large firms in the area.

[. . .]

The statistics bureau doesn’t say why Henglan inflated its industrial output numbers. But indications that a local economy is sagging could reflect poorly on the prospects for promotion of local officials, and China’s southern provinces have been particularly hard hit by the global slowdown in demand for the country’s exports. Factories have closed, moving inland and overseas in search of cheaper labor, denting local government revenues.

“When governments are looking to burnish their track record, that can put the local statistics departments in a very awkward situation,” said a commentary piece that ran Tuesday in the Economic Daily (in Chinese), a newspaper under the control of the State Council, China’s cabinet. The article said that one of the biggest obstacles to ensuring accurate data is that the agencies responsible for crunching the numbers aren’t independent from local authorities. Moreover, it argues that penalties for producing fake data were too mild to act as a deterrent.

June 6, 2013

“[D]espite breaking the Archives and Recordkeeping Act and ‘undermining’ freedom-of-information legislation, the scofflaws will not face penalties because there are none”

Filed under: Bureaucracy, Cancon, Government, Law — Tags: , , , , — Nicholas @ 08:40

It’s mighty handy to have thoughtfully passed a law against deleting official records — that includes no penalties whatsoever — just before you start breaking that law with abandon:

Top Liberal staffers — even in former premier Dalton McGuinty’s office — illegally deleted emails tied to the $585-million gas plant scandal, a parliamentary watchdog has found.

“It’s clear they didn’t want anything left behind in terms of a record on these issues,” Information and Privacy Commissioner Ann Cavoukian said Wednesday.

Her findings came in a scathing 35-page report prompted by NDP complaints that key Liberal political staff have no records on the controversial closures of plants in Mississauga and Oakville before the 2011 election.

However, despite breaking the Archives and Recordkeeping Act and “undermining” freedom-of-information legislation, the scofflaws will not face penalties because there are none, said Cavoukian.

“That’s the problem,” she said, noting the inadequate legislation was passed by the McGuinty Liberals. “It’s untenable. It has to have teeth so people just don’t engage in indiscriminate practices.”

Attorney General John Gerretsen said the government would consider changes.

“Any law, in order to be effective, there have to be some sort of penalty provisions,” he said. “We’ll take a look.”

If I were a betting man, I’d say that the chances of this “look” producing anything useful would be less than 1 in 10. If this were a private firm or an individual accused of deleting records that the government had an interest in seeing, I rather suspect they’d creatively find something in the existing body of law to use as a bludgeon. It’s charming that they didn’t think to include any penalties if the culprit was a government employee.

June 4, 2013

LCBO intransigence triggers constitutional challenge

Filed under: Bureaucracy, Business, Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 11:02

This is kinda fascinating:

What started out as a simple privacy commissioner complaint has turned into a constitutional challenge of the validity of the Liquor Control Board of Ontario (LCBO) — and this time the Board has only itself to blame for the brouhaha, proving once again that Ontario’s LCBO is so far out of touch with the realities of today’s world, it’s downright scary. At a time when they should be thinking about transitioning out of the alcohol business, the Ontario provincial government and the LCBO seem to be clinging to its very existence with even more tenacity and verve than before. They’re like the old boxer clinging to past glories who just has to show you the right hook he can still throw — yet only ends up throwing out his shoulder. In the LCBO’s case, the word “Control” won’t be pried away from its “cold dead hands” anytime soon… or will it? In its most recent fight, the LCBO is proving it is a government entity most in need of being on the chopping block — if not the auction block — of government institutions that should be moved over to the private sector.

[. . .]

Why the LCBO has chosen to play hardball over such a trivial matter is incomprehensible; according to reports, the LCBO has decided to appeal the order and has asked that the records be sealed in the process. This seems to contravene common sense. “A government entity has chosen to spend hundreds of thousands of taxpayers’ dollars to fight an order by the Privacy Commissioner whose sole purpose is to make these decisions,” Porter says.

Now fed up with the collection of information, Porter and his team have decided to question the entire existence of the LCBO as it contravenes the Constitution Act of 1867 by challenging the Importation of Intoxicating Liquors Act (IILA) itself — which bans the free flow of goods (including alcohol, wine and beer) between the provinces. The argument hinges on Section 121: “All articles of Growth, Produce or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.” This challenge could, and would if successful, lead to the downfall of the LCBO. Social networks were abuzz with the news about the challenge. Alfred Wirth, president and director at HNW Management Inc., applauded the news on Facebook: “Any progress towards competition among merchandisers is to be appreciated – even if it’s for domestically-produced products. Several years ago, when I questioned why Ontario couldn’t privatize the LCBO, the then Minister of Health said that alcoholic beverages were a crucial health matter which the province had to control. Despite the risk of people (including underage youth) freezing to death during our cold Ontario winters, he did not explain why the sale of crucial winter coats could be entrusted to Sears, the Bay, etc…” While Porter himself posted an analogy to cigarettes: “How about this one. Cigarettes are so dangerous that you cannot advertise them on TV, print, billboards or even display them behind a counter… but they can be sold at any store. Alcohol is so dangerous that it has to be sold at a government store with specially-trained people… but the government itself floods the market with advertising and even publishes a free magazine where 50 per cent of the content is about consuming the product.”

Energy lawyer Ian Blue has joined the Vin de Garde team for the action. I interviewed Blue in 2010 about the IILA, which is now under fire. Here’s what Blue had to say: “The law that gives provincial liquor commissions a monopoly and the power they have, is federal law, the Importation of Intoxicating Liquors Act; it’s highly arguable that the law is unconstitutional. It’s also pretty apparent to government constitutional lawyers, who are knowledgeable in these matters… [If the Supreme Court of Canada] takes a hard look at the IILA, and if they do an intellectually honest interpretation, the IILA probably cannot stand up to constitutional scrutiny.”

In 2009, lawyer Schwisberg commented to me when speaking about the IILA: “The very underpinning of Canada’s liquor regulatory system is unconstitutional. Isn’t that a mind blower?” Blue said: “There is nothing natural or logical about the existing system. It bullies, fleeces and frustrates wine producers and the public… If the IILA were to fall… wine producers could probably make quantum leaps of progress towards a fairer and more rational system of liquor and wine distribution in Canada.”

May 31, 2013

The congenital defect of politics

Filed under: Books, Bureaucracy, Government, Politics — Tags: , , , — Nicholas @ 08:56

Jonah Goldberg talks about a new book from Kevin Williamson:

Kevin Williamson’s new book is quite possibly the best indictment of the State since Our Enemy, the State appeared some eight decades ago. It is a lovely, brilliant, humane, and remarkably entertaining work.

Though he sometimes sounds like a reasonable anarchist, Williamson is not in fact opposed to all government. But he is everywhere opposed to anything that smacks of the State. There’s an old line about how to carve an elephant: Take a block of marble and then remove everything that isn’t an elephant. Williamson looks at everything we call the State or the government and wants to remove everything that shouldn’t be there, which is quite a lot. In what may be my favorite part of the book, he demolishes, with Godzilla-versus-Bambi ease, the notion that only government can provide public goods. In fact, most of what government provides are nonpublic goods (transfer payments, subsidies, etc.), and a great deal of what the market provides — from Google and Wikipedia to Starbucks rest­rooms — are indisputably public goods.

[. . .]

Williamson’s core argument is that politics has a congenital defect: Politics cannot get “less wrong” (a term coined by artificial-intelligence guru Eliezer Yudkowsky). Productive systems — the scientific method, the market, evolution — all have the built-in ability to learn from failures. Nothing (in this life at least) ever becomes immortally perfect, but some things become less wrong through trial and error. The market, writes Williamson, “is a form of social evolution that is metaphorically parallel to bio­logical evolution. Consider the case of New Coke, or Betamax, or McDonald’s Arch Deluxe, or Clairol’s Touch of Yogurt Shampoo. . . . When hordes of people don’t show up to buy the product, then the product dies.” Just like organisms in the wild, corporations that don’t learn from failures eventually fade away.

Except in politics: “The problem of politics is that it does not know how to get less wrong.” While new iPhones regularly burst forth like gifts from the gods, politics plods along. “Other than Social Security, there are very few 1935 vintage products still in use,” he writes. “Resistance to innovation is a part of the deep structure of politics. In that, it is like any other monopoly. It never goes out of business — despite flooding the market with defective and dangerous products, mistreating its customers, degrading the environment, cooking the books, and engaging in financial shenanigans that would have made Gordon Gekko pale to contemplate.” Hence, it is not U.S. Steel, which was eventually washed away like an imposing sand castle in the surf, but only politics that can claim to be “the eternal corporation.”

The reason for this immortality is simple: The people running the State are never sufficiently willing to contemplate that they are the problem. If a program dedicated to putting the round pegs of humanity into square holes fails, the bureaucrats running it will conclude that the citizens need to be squared off long before it dawns on them that the State should stop treating people like pegs in the first place. Furthermore, in government, failure is an exciting excuse to ask for more funding or more power.

May 27, 2013

Kim Il Sung’s 1974 higher education management text is “a perfect book for our times”

Filed under: Books, Bureaucracy, Humour, Media — Tags: , , — Nicholas @ 09:45

Alex Usher can’t stop recommending On Improving Higher Education, by Kim Il Sung, going so far as to call it “a perfect book for our times”:

Pay raises, for instance are Right Out. “As long as you make an issue out of remuneration, you cannot be a revolutionary,” says Kim, righteously noting that nobody paid Marx to write Das Kapital (the fact that Marx died before completing it might have had something to do with that, but no matter). North Korean intellectuals had the privilege of giving lectures and writing books, “and yet they insist on receiving money for this wonderful task,” Kim splutters.

Work rules, too, come under serious scrutiny. Responding to complaints that “university and college professors lecture a thousand hours a year”, which some consider to be too much, Kim is clear: “You are wrong! Fundamentally speaking, calculating lecture hours is not the attitude of a revolutionary. If you are true revolutionaries who serve the people, you would never calculate the hours; you try hard by all means to work as much as you can”.

(I make the following offer to university administrations across Canada: if any of you decide to try to outflank your faculty union to the left by telling them their views are evidence of captiveness to bourgeois ideology, I’m buying the first round.)

May 26, 2013

Putting the Gibson Guitar raids into context

Filed under: Bureaucracy, Law, Politics, USA — Tags: , , , , — Nicholas @ 11:06

Remember back in 2011 when the US government raided Gibson Guitars for alleged violations of Indian law? (Posts here, here, here, here, and here.) Now that we’re learning much more about the IRS witch hunt for Tea Party organizations, Investor’s Business Daily points out that the Gibson raids now make sense:

Grossly underreported at the time was the fact that Gibson’s chief executive, Henry Juszkiewicz, contributed to Republican politicians. Recent donations have included $2,000 to Rep. Marsha Blackburn, R-Tenn., and $1,500 to Sen. Lamar Alexander, R-Tenn.

By contrast, Chris Martin IV, the Martin & Co. CEO, is a long-time Democratic supporter, with $35,400 in contributions to Democratic candidates and the Democratic National Committee over the past couple of election cycles.

“We feel that Gibson was inappropriately targeted,” Juszkiewicz said at the time, adding the matter “could have been addressed with a simple contact (from) a caring human being representing the government. Instead, the government used violent and hostile means.”

That includes what Gibson described as “two hostile raids on its factories by agents carrying weapons and attired in SWAT gear where employees were forced out of the premises, production was shut down, goods were seized as contraband and threats were made that would have forced the business to close.”

Gibson, fearing a bankrupting legal battle, settled and agreed to pay a $300,000 penalty to the U.S. Government. It also agreed to make a “community service payment” of $50,000 to the National Fish and Wildlife Foundation — to be used on research projects or tree-conservation activities.

Update, 31 January 2014: Gibson releases a new guitar to celebrate the end of the case.

Great Gibson electric guitars have long been a means of fighting the establishment, so when the powers that be confiscated stocks of tonewoods from the Gibson factory in Nashville — only to return them once there was a resolution and the investigation ended — it was an event worth celebrating. Introducing the Government Series II Les Paul, a striking new guitar from Gibson USA for 2014 that suitably marks this infamous time in Gibson’s history.

From its solid mahogany body with modern weight relief for enhance resonance and playing comfort, to its carved maple top, the Government Series II Les Paul follows the tradition of the great Les Paul Standards—but also makes a superb statement with its unique appointments. A distinctive vintage-gloss Government Tan finish, complemented by black-chrome hardware and black plastics and trim, is topped by a pickguard that’s hot-stamped in gold with the Government Series graphic—a bald eagle hoisting a Gibson guitar neck. Each Government Series II Les Paul also includes a genuine piece of Gibson USA history in its solid rosewood fingerboard, which is made from wood returned to Gibson by the US government after the resolution.

[…]

The Government Series II Les Paul is crafted in the image of the original Les Paul Standard, with a carved maple top and solid mahogany back with modern weight relief for improved playing comfort and enhanced resonance. The glued-in mahogany neck features a comfortably rounded late-’50s profile, while the unbound fingerboard — with a Corian™ nut, 22 frets and traditional trapezoid inlays just like the very first Gibson Les Pauls — is made from solid rosewood returned to Gibson by the US government. And, the guitar looks superb with its unique Government Tan finish in vintage-gloss nitrocellulose lacquer.

Bangladesh needs legal reform and free markets

Filed under: Asia, Bureaucracy, Economics, Law — Tags: , , , , , , — Nicholas @ 10:37

Sheldon Richman discusses the plight of workers — especially poor women workers — in Bangladesh:

According to a report written for the Netherlands ministry of foreign affairs, most Bangladeshis, unsurprisingly, are victimized by a land system that has long benefited the rural and urban elites. “Land-grabbing of both rural and urban land by domestic actors is a problem in Bangladesh,” the report states.

    Wealthy and influential people have encroached on public lands…, often with help of officials in land-administration and management departments. Among other examples, hundreds of housing companies in urban areas have started to demarcate their project area using pillars and signboard before receiving titles. They use local musclemen with guns and occupy local administrations, including the police. Most of the time, land owners feel obliged to sell their productive resources to the companies at a price inferior to market value. Civil servants within the government support these companies and receive some plot of land in exchange.

Women suffer most because of the patriarchy supported by the political system. “Women in Bangladesh rarely have equal property rights and rarely hold title to land,” the report notes. “Social and customary practices effectively exclude women from direct access to land.” As a result,

    Many of the rural poor in Bangladesh are landless, have only small plots of land, are depending on tenancy, or sharecropping. Moreover, tenure insecurity is high due to outdated and unfair laws and policies…. These growing rural inequalities and instability also generate migration to towns, increasing the rates of urban poverty.

Much as in Britain after the Enclosures, urban migration swells the ranks of workers, allowing employers to take advantage of them. Since Bangladesh does not have a free-market economy, starting a business is mired in regulatory red tape — and worse, such as “intellectual property” law — that benefit the elite while stifling the chance for poor individuals to find alternatives to factory work. (The owner of the Savar factory, Mohammed Sohel Rana, got rich in a system where, the Guardian writes, “politics and business are closely connected, corruption is rife, and the gap between rich and poor continues to grow.”) Moreover, until the factory collapse, garment workers could not organize without employer permission.

Crony capitalism deprives Bangladeshis of property rights, freedom of exchange, and therefore work options. The people need neither the corporatist status quo nor Western condescension. They need radical land reform and freed markets.

May 21, 2013

Conflating rules for “sexual harassment” with “sexual assault”

Filed under: Bureaucracy, Law, Liberty — Tags: , , , , , , — Nicholas @ 10:17

Wendy Kaminer on the issues of sexual harassment rules on campus:

What’s the difference between an unwelcome request for a date and rape? Pursuant to the Obama administration’s definition of sexual harassment, this is not an easy question to answer.

You have to read the administration’s latest diktat to colleges and universities to believe it. In a joint letter to the University of Montana (intended as ‘a blueprint’ for campus administrators nationwide), the Department of Justice (DoJ) and the Education Department’s Office of Civil Rights (OCR) define sexual harassment as ‘unwelcome conduct of a sexual nature’, verbal or non-verbal, including ‘unwelcome sexual advances or acts of sexual assault’. Conduct (verbal or non-verbal) need not be ‘objectively offensive’ to constitute harassment, the letter warns, ignoring federal court rulings on harassment, as well as common sense. If a student feels harassed, she may be harassed, regardless of the reasonableness of her feelings, and school administrators may be legally required to discipline her ‘harasser’.

They are also required to promulgate detailed policies parroting the DoJ/OCR definition of harassment, as well as procedures for reporting and prosecuting alleged offences: ‘Federal government mandates unconstitutional speech codes at college and universities nationwide’, the Foundation for Individual Rights in Education (FIRE) accurately declares:

‘Among the forms of expression now punishable on America’s campuses by order of the federal government are:

  • Any expression related to sexual topics that offends any person. This leaves a wide range of expressive activity — a campus performance of The Vagina Monologues, a presentation on safe-sex practices, a debate about sexual morality, a discussion of gay marriage, or a classroom lecture on Vladimir Nabokov’s Lolita — subject to discipline.
  • Any sexually themed joke overheard by any person who finds that joke offensive for any reason.
  • Any request for dates or any flirtation that is not welcomed by the recipient of such a request or flirtation.

There is likely no student on any campus anywhere who is not guilty of at least one of these “offences”. Any attempt to enforce this rule evenhandedly and comprehensively will be impossible.’

FIRE is right to note that fair, inclusive enforcement of this mindlessly broad policy is impossible. But I doubt it’s intended to be fairly enforced. I doubt federal officials want or expect it to be used against sex educators, advocates of reproductive choice, anti-porn feminists or gay-rights advocates if their speech of a sexual nature is ‘unwelcome’ by religious conservatives.

« Newer Posts — Older Posts »

Powered by WordPress