Published on 23 Dec 2013
As travelers board planes this holiday, please be aware of 12 actual banned items from the Transportation Security Administration.
December 24, 2013
Reason.tv – The TSA’s 12 Banned Items of Christmas
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Indian gold bugs go home
The Indian government has been attempting to restrict the domestic gold market, but there’s a big loophole in the rules that many travellers are taking advantage of while they can:
Faced with curbs on gold imports and crash in international prices leaving it cheaper in other countries, gold houses and smugglers are turning to NRIs to bring in the yellow metal legally after paying duty. Any NRI, who has stayed abroad for more than six months, is allowed to bring in 1kg gold.
It was evident last week when almost every passenger on a flight from Dubai to Calicut was found carrying 1kg of gold, totalling up to 80kg (worth about Rs 24 crore). At Chennai airport, 13 passengers brought the legally permitted quantity of gold in the past one week.
“It’s not illegal. But the 80kg gold that landed in Calicut surprised us. We soon got information that two smugglers in Dubai and their links in Calicut were behind this operation, offering free tickets to several passengers,” said an official. The passengers were mostly Indian labourers in Dubai, used as carriers by people who were otherwise looking at illegal means, he said. “We have started tracing the origin and route of gold after intelligence pointed to the role of smugglers,” he said.
Reports from Kerala said passengers from Dubai have brought more than 1,000kg of gold in the last three weeks. People who pay a duty of Rs 2.7 lakh per kg in Dubai still stand to gain at least Rs 75,000 per kg, owing to the price difference in the two countries. Gold dealers in Kerala say most of this gold goes to jewellery makers in Tamil Nadu and Andhra Pradesh.
December 21, 2013
Overzealous regulators create nationwide Sriracha shortage
Baylen Linnekin on the latest attempt to be safer-than-safe in food regulation:
Last week California health regulators ordered the makers of Sriracha hot sauce to suspend operations for 30 days. The 30-day hold comes despite the fact the product has been on the market for more than three decades and that “no recall has been ordered and no pathogenic bacteria have been found[.]”
So what’s the issue?
The problem, reports the Pasadena Star News, is that Sriracha is a raw food.
“Because Sriracha is not cooked, only mashed and blended, Huy Fong needs to make sure its bottles won’t harbor dangerous bacteria,” writes the Star News.
Aren’t three decades of sales sufficient proof of that fact?
“The regulations outlining this process have been in existence for years,” writes California health department official Anita Gore, in a statement she sent to L.A. Weekly, “but the modified production requirements were established for the firm this year.”
In other words, the state changed the rules of the game.
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December 6, 2013
The devil’s-in-the-details department: Obamacare and volunteer firefighters
Talk about unintended consequences! Jim Geraghty linked to a disturbing issue for many Americans, but especially for Pennsylvanians: the risk of losing some of their volunteer firefighters due to an Obamacare rule. Ninety-seven percent of Pennsylvania fire departments are at least partially staffed by volunteers … this could be a very serious thing indeed.
Great. Now Obamacare Is Going to Louse Up Your Local Firehouse…
They had to pass the law so you could see what’s in it. Kind of like Pandora’s Box.
With any luck, Obamacare won’t close down your local firehouse, just curtail emergency response activities:
The International Association of Fire Chiefs has asked the Internal Revenue Service, which has partial oversight of the law, to clarify if current IRS treatment of volunteer firefighters as employees means their hose companies or towns must offer health insurance coverage or pay a penalty if they don’t.
The organization representing the fire chiefs has been working on the issue with the IRS and White House for months.
“It could be a huge deal,” said U.S. Rep. Lou Barletta, R-11, Hazleton, who is seeking clarification from the IRS. “In Pennsylvania, 97 percent of fire departments are fully or mostly volunteer firefighters. It’s the fourth highest amount in the country.”
So far, the IRS hasn’t decided what to do.
Efforts to reach spokesmen for the IRS were unsuccessful.
Under the fire chiefs’ organization’s interpretation, the concern goes like this:
The health care reform law, known officially as the Patient Protection and Affordable Care Act and derisively by Republicans as Obamacare, requires employers with 50 or more full-time employees to offer health insurance. Companies with fewer than 50 employees do not have to offer insurance. Full-time employees are defined as an employee who works 30 or more hours a week.
Such employers who don’t offer health insurance must pay fines.
The requirement is complicated by differing interpretations about the status of volunteer firefighters within the federal government. The Department of Labor, according to the fire chiefs group, classifies most volunteers as non-employees, but the IRS considers all volunteer firefighters and emergency medical personnel to be employees of their departments.
“If the IRS classifies volunteer firefighters and emergency medical personnel as employees in their final rule, fire departments may be unintentionally forced to comply with requirements that could force them to curtail their emergency response activities or close entirely,” the chiefs’ group says on its website.
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December 3, 2013
Some owls are more (politically) valuable than others
In his weekly NFL column, Gregg Easterbrook discusses the once-hot owl preservation efforts which have recently turned into owl execution efforts:
Those who can remember the dim mists of history — say, a couple decades ago — recall that preservation of the northern spotted owl was a major American political issue during the 1980s, then played a role in the 1992 presidential election campaign, then was among the high-profile matters of the Bill Clinton administration. Decisions during the 1990s by the Fish and Wildlife Service, coupled to judge’s orders, effectively ended much of the logging in the Pacific Northwest. This pleased affluent landowners, cost jobs for average people and shifted timber production to Malaysia, where there are almost no environmental regulations.
There are three other birds quite similar to the northern spotted, whose numbers continue to decline. The California spotted owl has a stable population. The Mexican spotted owl probably is in decline: about five years ago, a federal judge placed land-use restrictions on areas of Arizona, Colorado and New Mexico to protect the Mexican spotted. The barred owl, the third bird similar to northern spotted, doesn’t need special protection as it is population is expanding, based on natural competition.
So the plan is to start shooting barred owls. Excuse me, “culling” them. The Fish and Wildlife Service wants to kill at least 3,000 barred owls, which are so similar to spotted owls that a trained eye is needed to distinguish the types. Spotted owls are federally protected, by the Endangered Species Act. Barred owls are not protected. So let’s kill the disfavored owls in order to help the politically correct owls!
As recently as two generations ago, barred owls mainly were found east of the Mississippi, where they are commonly called hoot owls, for their whoot-woo-who territorial marking sound. The recovery of forests across the United States — total forested acres have been increasing for a quarter century — created a migratory pathway for barred owls to spread west. This development was unexpected; the literature of owl protection depicts such birds as so habitat-dependent they are vulnerable to any change. It turns out the barred owl is not fragile, able to adapt to many habitats. Barred owls are also more aggressive than spotted owls; the worry among defenders of the latter is that barred owls will out-compete spotted owls and take their territory in the Pacific Northwest.
[…]
Underneath this issue is a fallacy in human understanding of nature: the assumption that the environment and its creatures are brittle things whom the slightest disturbance will render extinct. The environment has survived ice ages, comet impacts and climate change far more dramatic than any that artificial greenhouse gas may cause. Inconveniently for Pacific Northwest environmental lobbyists, birds extremely similar to spotted owls are doing just fine on their own. So get rid of the evidence.
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December 2, 2013
The FDA and 23andMe
Kyle Smith on the FDA’s sudden interest in shutting down private DNA testing company 23andMe:
… the FDA has the power to regulate medical devices, which is the pretext it is using to stop 23andMe. Ordering it to stop selling its personal genome service, the FDA declared that the tube “is a device within the meaning of section 201(h) of the FD&C Act, 21 U.S.C. 321(h), because it is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment or prevention of disease, or is intended to affect the structure or function of the body.’
It would seem that 23andMe could simply put the words, “not intended for us in the diagnosis, cure, mitigation, treatment or prevention of disease” on its website and satisfy the FDA, but we all know that the motto of today’s federales is “We make it up as we go along.” The FDA seems determined to conduct a lengthy war with 23andMe.
[…]
Using the same reasoning, the FDA might as well shut down WebMd.com because people might type their symptoms into the site, and the response might affect whether or not they choose to go to a doctor. Any computer or iPhone thereby becomes a “medical device” that people can use for the “diagnosis, cure, mitigation, treatment or prevention of disease.”
Come to think of it, that thermometer you use to check your temperature is pretty dangerous too — it might give you either a false positive or a false negative — but why stop there? You exercise to mitigate or prevent disease, don’t you? Maybe the FDA should take your running shoes and your yoga pants away.
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November 29, 2013
We’re from the FDA, we’re here to help you
Nick Gillespie on the mindnumbingly awful exercise of FDA regulatory power in shutting down personal DNA testing company 23andMe:
Personal genetic tests are safe, innovative, and the future of medicine. So why is the most transparent administration ever shutting down a cheap and popular service? Because it can.
In its infinite wisdom, the Food and Drug Administration (FDA) has forbidden the personal genetic testing service 23andMe from soliciting new customers, claiming the company hasn’t proven the validity of its product.
The real reason? Because when it comes to learning about your own goddamn genes, the FDA doesn’t think you can handle the truth. That means the FDA is now officially worse than Oedipus’s parents, Dr. Zaius, and the god of Genesis combined, telling us that there are things that us mere mortals just shouldn’t be allowed to know.
23andMe allows you to get rudimentary information about your genetic makeup, including where your ancestors came from and DNA markers for over 240 different hereditary diseases and conditions (not all of them bad, by the way). Think of it as the H&M version of the haute couture genetic mark-up that Angelina Jolie had done prior to having the proactive mastectomy that she revealed this year.
[…]
Peter Huber of the Manhattan Institute, a conservative think tank, has an important new book out called The Cure in the Code: How 20th Century Law is Undermining 21st Century Medicine. Huber writes that whatever sense current drug-approval procedures once might have had, their day is done. Not only does the incredible amount of time and money — 12 years and $350 million at a minimum — slow down innovation, it’s based on the clearly wrong idea that all humans are the same and will respond the same way to the same drugs.
Given what we already know about small but hugely important variations in individual body chemistry, the FDA’s whole mental map needs to be redrawn. “The search for one-dimensional, very simple correlations — one drug, one clinical effect in all patients — is horrendously obsolete,” Huber told me in a recent interview. And the FDA’s latest action needs to be understood in that context — it’s just one more way in which a government which now not only says we must buy insurance but plans whose contours are dictated by bureaucrats who arbitrarily decide what is best for all of us.
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November 21, 2013
“The food police have a gargantuan appetite for ordering other people around”
In Reason, A. Barton Hinkle explains why the Food and Drug Administration’s latest regulatory move may cost more than a billion dollars, require millions of hours of work … and provide no measurable benefits whatsoever:
In comments shortly after the menu labeling rules were proposed, the Center for Science in the Public Interest — they are the folks forever hectoring the public about the dangers of Chinese food, Italian food, movie theater popcorn, etc. — insisted that “if a restaurant has both an inside and drive-thru menu board, both must list calories.” And: “The calories should be at least as large and prominent as the name or price of the item.” And: “Calories should be posted for each size beverage available.” And: “The color, font size, font type, contrasting background, and other characteristics should all be comparable to the name and price of the item.”
What’s more: “Deli items or prepared foods that are dished up into standard containers should have signs posted next to each item with calorie counts for each container size available. For example, potato salad that is typically dished up into half-pint, pint and quart containers should list calories for one half-pint of potato salad, one pint of potato salad and a quart of potato salad.”
Rules such as these, the CSPI says, should apply not just to restaurants and supermarket delis but also to “salad bars, buffet lines, cafeteria lines, and self-serve, fountain soft drinks.” Moreover, “Calories must be posted for each pizza topping, sandwich component, omelet selection, sundae topping, or salad ingredient or dressing.”
The object of such Byzantine busybody-ness is plain enough: to “nudge” (former Obama regulatory czar Cass Sunstein’s favorite word) people to ingest fewer calories.
Just one small problem: It doesn’t work.
“Restaurant menu labels don’t work, study shows,” reported Today back in July: “No matter how much calorie information is on the menu list, people still choose the food they like, not what’s supposed to be healthier, researchers from Carnegie Mellon reported Thursday. … ‘Putting calorie labels on menus really has little or no effect on people’s ordering behavior at all,’ says Julie Downs, lead author of the new study published Thursday in the American Journal of Public Health.”
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November 18, 2013
The Pentagon (accounting) papers
Unlike other branches of the US government, the Department of Defence still isn’t properly accounting for all its expenditure, says Scot J. Paltrow in a Reuters report:
The Defense Department’s 2012 budget totaled $565.8 billion, more than the annual defense budgets of the 10 next largest military spenders combined, including Russia and China. How much of that money is spent as intended is impossible to determine.
In its investigation, Reuters has found that the Pentagon is largely incapable of keeping track of its vast stores of weapons, ammunition and other supplies; thus it continues to spend money on new supplies it doesn’t need and on storing others long out of date. It has amassed a backlog of more than half a trillion dollars in unaudited contracts with outside vendors; how much of that money paid for actual goods and services delivered isn’t known. And it repeatedly falls prey to fraud and theft that can go undiscovered for years, often eventually detected by external law enforcement agencies.
The consequences aren’t only financial; bad bookkeeping can affect the nation’s defense. In one example of many, the Army lost track of $5.8 billion of supplies between 2003 and 2011 as it shuffled equipment between reserve and regular units. Affected units “may experience equipment shortages that could hinder their ability to train soldiers and respond to emergencies,” the Pentagon inspector general said in a September 2012 report.
Because of its persistent inability to tally its accounts, the Pentagon is the only federal agency that has not complied with a law that requires annual audits of all government departments. That means that the $8.5 trillion in taxpayer money doled out by Congress to the Pentagon since 1996, the first year it was supposed to be audited, has never been accounted for. That sum exceeds the value of China’s economic output last year.
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November 13, 2013
QotD: Trade unions
If they are timid in some respects, the Trade Unions are aggressive in negotiation and cannot be otherwise. To keep in business a union has to do something. Each year there must be a fresh demand, without which the union will lose membership. Members expect to see some return for their subscriptions and union officials are not paid to be inactive. Lacking a grievance, they will have to invent one. Realizing this, the directors must make a show of reluctance, postponing the inevitable concession until it looks like a victory for the employees. If the union is quiescent it will lose membership, most probably to another union. Its officials, honorary or paid, can always gain consequence on the other hand, from their decision to do battle. Any Trade Union has, therefore, a built-in aggressiveness, without which it can hardly survive. Nothing can be more damaging to the union official than the rumour that he is friendly with the management. This can only be the result of blackest treachery, it is assumed, and the official has to stage a conflict in order to secure his own re-election. Aggressive toward management, the unions are almost as aggressive toward each other, competing for membership and staging frontier disputes over the exact territory which belongs to each. Nor is this unrest the fault of individuals. It is a characteristic of union organization and one for which there is no obvious remedy.
C. Northcote Parkinson, “The Feet of Clay”, Left Luggage, 1967.
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November 9, 2013
November 5, 2013
QotD: Accumulated bureaucratic turkeys
Anyone with family or friends in the civil service hears about the hours wasted on bureaucratic wrestling with the guy who spends his energy crafting strategies to get you to do his work. My favorite came from a doctor in a prestigious department at a state hospital whose secretary threw out most of his mail, including all of the invitations, because answering it was too much work. He ended up getting his wife to come into the office and act as his unpaid secretary, because firing or replacing the secretary was way too much trouble.
I am not slamming all civil servants as lazy lackwits; these stories come from good civil servants who are endlessly frustrated by the obstructive and destructive minority. Turkeys in government are like prizes on Wheel of Fortune: Once you win one, it’s yours to keep. They can’t be fired, and they rarely quit; the best you can do is wait for a chance to transfer them somewhere else.
Because of the Universal Law of Turkey Accretion, the quality and effectiveness of a government agency’s personnel are likely to peak very shortly after that agency is established. HHS has been around for a long time, and so has its IT staff. Which means it has more than a few turkeys. Or, as David Cutler put it in a 2010 memo to Larry Summers, “The agency is demoralized, the best people have left, IT services are antiquated, and there are fewer employees than in 1981, despite a much larger burden.”
Megan McArdle, “Get Rid of Obamacare’s Turkeys”, Bloomberg.com, 2013-11-04
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October 28, 2013
Mark Steyn on the Obamacare software
Mark Steyn’s weekend column touched on some items of interest to aficionados of past government software fiascos:
The witness who coughed up the intriguing tidbit about Obamacare’s exemption from privacy protections was one Cheryl Campbell of something called CGI. This rang a vague bell with me. CGI is not a creative free spirit from Jersey City with an impressive mastery of Twitter, but a Canadian corporate behemoth. Indeed, CGI is so Canadian their name is French: Conseillers en Gestion et Informatique. Their most famous government project was for the Canadian Firearms Registry. The registry was estimated to cost in total $119 million, which would be offset by $117 million in fees. That’s a net cost of $2 million. Instead, by 2004 the CBC (Canada’s PBS) was reporting costs of some $2 billion — or a thousand times more expensive.
Yeah, yeah, I know, we’ve all had bathroom remodelers like that. But in this case the database had to register some 7 million long guns belonging to some two-and-a-half to three million Canadians. That works out to almost $300 per gun — or somewhat higher than the original estimate for processing a firearm registration of $4.60. Of those $300 gun registrations, Canada’s auditor general reported to parliament that much of the information was either duplicated or wrong in respect to basic information such as names and addresses.
Sound familiar?
Also, there was a 1-800 number, but it wasn’t any use.
Sound familiar?
So it was decided that the sclerotic database needed to be improved.
Sound familiar?
But it proved impossible to “improve” CFIS (the Canadian Firearms Information System). So CGI was hired to create an entirely new CFIS II, which would operate alongside CFIS I until the old system could be scrapped. CFIS II was supposed to go operational on January 9, 2003, but the January date got postponed to June, and 2003 to 2004, and $81 million was thrown at it before a new Conservative government scrapped the fiasco in 2007. Last year, the government of Ontario canceled another CGI registry that never saw the light of day — just for one disease, diabetes, and costing a mere $46 million.
But there’s always America! “We continue to view U.S. federal government as a significant growth opportunity,” declared CGI’s chief exec, in what would also make a fine epitaph for the republic. Pizza and Mountain Dew isn’t very Montreal, and on the evidence of three years of missed deadlines in Ontario and the four-year overrun on the firearms database CGI don’t sound like they’re pulling that many all-nighters. Was the government of the United States aware that CGI had been fired by the government of Canada and the government of Ontario (and the government of New Brunswick)? Nobody’s saying. But I doubt it would make much difference.
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October 9, 2013
Mismeasuring American poverty
It’s always headline-worthy to say that some absurdly high number of Americans are living in poverty — that the richest country in history still has desperately poor people in vast numbers. It’s shocking to see … and it’s mostly bogus:
We get told they do often enough I know, the latest example being this:
About 15% of Americans live in poverty, so why is no one talking about it?
It isn’t true.
In a nation where, according to the US Census Bureau’s poverty statistics released last month, 46.5 million people (roughly 15%) of the nation’s population lives in poverty,
Sorry, but their repeating it does not make it true.
The correct formulation is that 15% of Americans would be living in poverty if it were not for the things that are done to alleviate poverty.
There are two things that make this correction really rather important. The first being that everyone else measures poverty after all the things that are done to alleviate it. Thus any comparison across countries is going to leave the US looking very bad indeed: for others are talking about the residual poverty left after trying to do something about it and the US is talking about the poverty before alleviation. Very different things I hope you’ll agree.
There are reasons why this meme won’t go away (aside from it being a handy eye-catching headline to attract readers for newspapers and websites), including the fact that many civil servants are employed in federal, state, and local organizations to work on programs intended to alleviate poverty. If they are too successful, their caseload goes down and so will their budget and headcount. Any bureaucracy has a prime directive quite separate from their original reason for existing — organizations have primal motivations for surviving and growing. Their incentive is thus merely to ease the problem, not to solve it, or else they’re working to put themselves out of business.
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