I am often asked if, by calling “sex trafficking” a myth, I’m saying that there is no such thing as coercion in sex work. The answer, of course, is “not at all”; what I’m saying is 1) that coercion is much rarer than “trafficking” fetishists pretend it is; 2) that the term “trafficking” is used to describe many different things along a broad spectrum running from absolutely coercive to absolutely not coercive, yet all of them are shoehorned into a lurid, melodramatic and highly-stereotyped narrative; and 3) that even situations of genuine coercion rarely bear much resemblance to the familiar masturbatory fantasy of an “innocent” middle-class girl in her early teens abducted by “pimps” from a shopping mall, bus stop or internet chat room.
Maggie McNeill, “The Face of Trafficking”, The Honest Courtesan, 2014-10-10.
September 24, 2015
QotD: Sex trafficking
September 23, 2015
In debt to the bank? Underwater on your mortgage? You might want to check the document carefully…
At The Intercept, David Dayen says that there are a lot of sketchy documents that banks are hoping will stand up in court, but they might well be wrong:
A Seattle housing activist on Wednesday uploaded an explosive land-record audit that the local City Council had been sitting on, revealing its far-reaching conclusion: that all assignments of mortgages the auditors studied are void.
That makes any foreclosures in the city based on these documents illegal and unenforceable, and makes the King County recording offices where the documents are located a massive crime scene.
The problems stem from the Mortgage Electronic Registration Systems (MERS), an entity banks created so they could transfer mortgages privately, saving them billions of dollars in transfer fees to public recording offices. In Washington state, MERS’ practices were found illegal by the State Supreme Court in 2012. But MERS continued those practices with only cosmetic changes, the audit found.
That finding has national implications. Every state has its own mortgage laws, and some of the audit’s conclusions may not necessarily apply elsewhere. But it shows how MERS reacted to being caught defrauding the public by trying to sneak through foreclosures anyway. Combined with evidence in other parts of the country, like the failure to register out-of-state business trusts in Montana, it suggests that the mortgage industry has been inattentive to and dismissive of state foreclosure laws.
New libertarian books of interest
In the Washington Post, Ilya Somin draws attention to two new books of interest to libertarians:
Two exciting new books have just come out that are likely to be of great interest to readers interested in libertarianism, and political and legal theory. They are Markets Without Limits: Moral Virtues and Commercial Interests, by Jason Brennan and Peter Jaworski, and Justice at a Distance: Extending Freedom Globally, by Loren Lomasky and Fernando Teson. As the titles imply, both books have a libertarian orientation. But you don’t have to be a libertarian (or close to it) to agree with the authors’ positions on these issues, and even those interested readers who ultimately reject the authors’ conclusions can learn a lot from them.
In Markets Without Limits, Brennan and Jaworski argue that anything you should be allowed to do for free, you should also be allowed to do for money. They do not claim that markets should be completely unconstrained, merely that we should not ban any otherwise permissible transaction solely because money has been exchanged. Thus, for example, they agree that murder for hire should be illegal. But only because it should also be illegal to commit murder for free. Their thesis is also potentially compatible with a wide range of regulations of various markets to prevent fraud, deception, and the like. Nonetheless, their thesis is both radical and important. The world is filled with policies that ban selling of goods and services that can nonetheless be given away for free. Consider such cases as bans on organ markets, prostitution, and ticket-scalping. Perhaps the most notable aspects of the book are that the authors don’t shy away from hard cases (see, e.g., this summary of their discussion of the sale of adoption rights), and that they thoroughly address a wide range of possible objections from both left and right. The issue addressed by the book has enormous practical significance, in addition to its theoretical importance. To take just one example, the ban on organ markets condemns thousands of people to death every year, because it leads to a severe shortage of transplantable kidneys relative to the number of people who need them.
September 16, 2015
The fate of pedestrians in Chinese traffic accidents
At Gods of the Copybook Headings, Richard Anderson comments on a story about Chinese drivers ensuring that pedestrians they hurt in traffic accidents don’t survive to sue them … because incentives matter:
Smelling a story that was too interesting to be true, I texted a friend who lives in China. He read the article and texted back that every word was correct. This behaviour was so common that it was a kind of dark joke. The phrase “drive to kill” was considered practical life advice for young and old alike. These are not members of some obscure and barbarous cult. China is one of the oldest and most accomplished of human civilizations.
The legal explanation for this — a moral explanation I suspect is impossible — is a combination of a weak insurance system and easily bribable courts. An injured pedestrian can become a lifetime financial liability for the driver. Murder convictions, even in cases with clear video evidence, are still unusual. Faced with a choice of becoming a bankrupt or a murderer the popular choice seems to be the latter.
Homo homini lupus est. Man is wolf to man.
Mainland China is, of course, a dictatorship. It seems likely that in a functioning liberal democracy, such as those of the West, very basic legal reforms would long ago have been implemented to remove these quite literally perverse incentives. The rulers of China have deigned it beneath their notice to make such minor improvements.
September 10, 2015
Making it easy for governments to monitor texts, emails, and other messages
Megan McArdle explains that while it’s quite understandable why governments want to maintain their technological ability to read private, personal communications … but that’s not sufficient justification to just give in and allow them the full access they claim that they “need”:
Imagine, if you will, a law that said all doors had to be left unlocked so that the police could get in whenever they needed to. Or at the very least, a law mandating that the government have a master key.
That’s essentially what some in the government want for your technology. As companies like Apple and Google have embraced stronger encryption, they’re making it harder for the government to do the kind of easy instant collection that companies were forced into as the government chased terrorists after 9/11.
And how could you oppose that government access? After all, the government keeps us safe from criminals. Do you really want to make it easier for criminals to evade the law?
The analogy with your home doors suggests the flaw in this thinking: The U.S. government is not the only entity capable of using a master key. Criminals can use them too. If you create an easy way to bypass security, criminals — or other governments — are going to start looking for ways to reproduce the keys.
[…]
Law enforcement is going to pursue strategies that maximize the ability to catch criminals or terrorists. These are noble goals. But we have to take care that in the pursuit of these goals, the population they’re trying to protect is not forgotten. Every time we open more doors for our own government, we’re inviting other unwelcome guests to join them inside.
I don’t really blame law enforcement for pushing as hard as possible; rare is the organization in history that has said, “You know, the world would be a better place if I had less power to do my job.” But that makes it more imperative that the rest of us keep an eye on what they’re doing, and force the law to account for tradeoffs, rather than the single-minded pursuit of one goal.
September 9, 2015
“For some reason she rarely has the scarlet ‘(D)’ printed next to her name underneath the photos of her looking like an indignant troll doll”
Colby Cosh has more on the controversy over Kim Davis and her beliefs:
The U.S. District Court, petitioned by the unhappy couple, duly ordered Davis to cut out the nonsense at once. She continued to refuse, creating another much-photographed scene at her office, and was summoned back to court Sept. 3 to explain. The American Civil Liberties Union (ACLU), that tireless friend to the friendless, actually intervened on Davis’s behalf; it disagrees formally with her view on the law, but it asked that she be fined for contempt of court, rather than imprisoned.
Judge David Bunning was having none of it, and put her in the clink. He says he expects to revisit his decision after Davis has cooled her heels for about a week, after which time the gays and lesbians of Rowan County will have had a fair crack at obtaining permission to marry. Five of Davis’s six underlings told Judge Bunning they are willing to issue marriage licenses to same-sex couples in the meantime. The sixth is her son, but the judge indulgently overlooked his impudence and calculated that five pairs of writing hands would be plenty to handle the work.
The tangential presence of the ACLU in the legal battle reminds us that there are some features of the United States that remain admirable — that the country has not yet totally degenerated into a shouting match of contending personal narcissisms. Another one is that there have been at least as many demonstrators on behalf of same-sex marriage rights as friends of Kim Davis at the offices of the Rowan County clerk. It is, with all due respect, a place hitherto best known in American history for a 19th-century blood feud between moonshiners.
August 28, 2015
Google and the (bullshit) European “right to be forgotten”
Techdirt‘s Mike Masnick points and laughs at a self-described consumerist organization’s attempt to force Google to apply EU law to the rest of the world, by way of an FTC complaint:
If you want an understanding of my general philosophy on business and economics, it’s that companies should focus on serving their customers better. That’s it. It’s a very customer-centric view of capitalism. I think companies that screw over their customers and users will have it come back to bite them, and thus it’s a better strategy for everyone if companies focus on providing good products and services to consumers, without screwing them over. And, I’m super supportive of organizations that focus on holding companies’ feet to the fire when they fail to live up to that promise. Consumerist (owned by Consumer Reports) is really fantastic at this kind of thing, for example. Consumer Watchdog, on the other hand, despite its name, appears to have very little to do with actually protecting consumers’ interests. Instead, it seems like some crazy people who absolutely hate Google, and pretend that they’re “protecting” consumers from Google by attacking the company at every opportunity. If Consumer Watchdog actually had relevant points, that might be useful, but nearly every attack on Google is so ridiculous that all it does is make Consumer Watchdog look like a complete joke and undermine whatever credibility the organization might have.
In the past, we’ve covered an anti-Google video that company put out that contained so many factual errors that it was a complete joke (and was later revealed as nothing more than a stunt to sell some books). Then there was the attempt to argue that Gmail was an illegal wiretap. It’s hard to take the organization seriously when it does that kind of thing.
Its latest, however, takes the crazy to new levels. John Simpson, Consumer Watchdog’s resident “old man yells at cloud” impersonator, recently filed a complaint with the FTC against Google. In it, he not only argues that Google should offer the “Right to be Forgotten” in the US, but says that the failure to do that is an “unfair and deceptive practice.” Really.
As you know by now, since an EU court ruling last year, Google has been forced to enable a right to be forgotten in the EU, in which it will “delink” certain results from the searches on certain names, if the people argue that the links are no longer “relevant.” Some in the EU have been pressing Google to make that “right to be forgotten” global — which Google refuses to do, noting that it would violate the First Amendment in the US and would allow the most restrictive, anti-free speech regime in the world to censor the global internet.
But, apparently John Simpson likes censorship and supporting free speech-destroying regimes. Because he argues Google must allow such censorship in the US. How could Google’s refusal to implement “right to be forgotten” possibly be “deceptive”? Well, in Simpson’s world, it’s because Google presents itself as “being deeply committed to privacy” but then doesn’t abide by a global right to be forgotten. Really.
August 22, 2015
Coming soon to Massachusetts (maybe) – pot pubs
In Forbes, Jacob Sullum looks at the finalized ballot initiative to be presented to Massachusetts voters in the next general election:
When the Campaign to Regulate Marijuana Like Alcohol in Massachusetts unveiled the text of its 2016 legalization initiative this month, the group highlighted several features of the measure but omitted the most interesting one. The Regulation and Taxation of Marijuana Act would allow consumption of cannabis products on the premises of businesses that sell them, subject to regulation by the state and approval by local voters.
That’s a big deal, because until now no jurisdiction has satisfactorily addressed the obvious yet somehow touchy question of where people can consume the cannabis they are now allowed to buy. The legalization initiatives approved by voters in Colorado, Washington, Oregon, and Alaska all promised to treat marijuana like alcohol, which implies allowing venues similar to taverns where people can consume cannabis in a social setting. Yet all four states say businesses that sell marijuana may not let customers use it on the premises.
Although a few “bring your own cannabis” (BYOC) clubs have popped up to accommodate people who want to use marijuana outside their homes from time to time, the legality of such establishments is a matter of dispute. The result is that people can openly buy marijuana without fear, but they still have to consume it on the sly, just like in the bad old days. The problem is especially acute for visitors from other states, since pot-friendly hotels are still pretty rare.
August 21, 2015
Studs Terkel talks to Hunter S. Thompson about the Hell’s Angels
Published on 28 Jul 2015
“I keep my mouth shut now. I’ve turned into a professional coward.”
– Hunter S. Thompson in 1967In the 1960s, Hunter S. Thompson spent more than a year living and drinking with members of the Hell’s Angels motorcycle club, riding up and down the California coast. What he saw alongside this group of renegades on Harleys, these hairy outlaws who rampaged and faced charges of attempted murder, assault and battery, and destruction of property along the way — all of this became the heart of Thompson’s first book: Hell’s Angels: A Strange and Terrible Saga. Shortly after the book came out, Thompson sat down for a radio interview with the one and only Studs Terkel.
CHOICE QUOTES
“I can’t remember ever winning a fight.”“I used to take it out at night on the Coast Highway, just drunk out of my mind, ride it for 20 and 30 miles in just short pants and a t-shirt. It’s a beautiful feeling.”
“ I tried to keep my eyes on him because I didn’t want to have my skull fractured.”
“They want to get back at the people who put them in this terrible, this dead end, tunnel.”
“The people who are most affected by this technological obsolescence are the ones least capable of understanding the reason for it, so the venom builds up much quicker. It feeds on their ignorance.”
August 18, 2015
How police departments justify militarization
In the Washington Post, Radley Balko looks at some documentation recently acquired by Mother Jones showing how police departments explain why they need war-fighting tools for police work:
Mother Jones got ahold of some of the forms police agencies fill out when requesting military gear from the Pentagon. They’re pretty revealing.
… the single most common reason agencies requested a mine-resistant vehicle was to combat drugs. Fully a quarter of the 465 requests projected using the vehicles for drug enforcement. Almost half of all departments indicated that they sit within a region designated by the federal government as a High Intensity Drug Trafficking Area. (Nationwide, only 17 percent of counties are HIDTAs.) One out of six departments were prepared to use the vehicles to serve search or arrest warrants on individuals who had yet to be convicted of a crime. And more than half of the departments indicated they were willing to deploy armored vehicles in a broad range of Special Weapons and Tactics (SWAT) raids.
Police officials frequently say they need these behemoth vehicles to protect officers from active shooters. But that isn’t what they’re telling the Pentagon when they request them.
By contrast, out of the total 465 requests, only 8 percent mention the possibility of a barricaded gunman. For hostage situations, the number is 7 percent, for active shooters, 6 percent. Only a handful mentioned downed officers or the possibility of terrorism.
“This is a great example of how police as an institution talk to each other privately, versus how they talk to the public and journalists who might raise questions about what they’re doing with this equipment,” says Peter Kraska, a professor at Eastern Kentucky University who has studied police militarization for decades. When police are pressured in public, Kraska says, “They’re going to say, ‘How about Columbine?’ or point to all these extremely rare circumstances.”
Kraska is correct to call such situations extremely rare. Despite the saturation coverage mass shootings get, statistically, the odds of one occurring in your immediate community are still incredibly low. I suspect one big reason the public hasn’t been more outspoken in opposing the transfer of this sort of gear is because most people think such shootings are more common than they are. That’s mostly because the media have been good at scaring people into thinking as much. (Ironically, one of the media outlets most guilty of overstating the frequency of such events … is Mother Jones.)
August 13, 2015
Grand Theft, banking style
At Salon, David Dayen tells the astounding tale of American banks going feral and mass-forging legal documents to foreclose mortgages on houses they had zero claim on:
If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Was it just cheaper to mock up the documents than to provide the real ones? Did banks figure they simply had enough power over regulators, politicians and the courts to get away with it? (They were probably right about that one.)
A newly unsealed lawsuit, which banks settled in 2012 for $95 million, actually offers a different reason, providing a key answer to one of the persistent riddles of the financial crisis and its aftermath. The lawsuit states that banks resorted to fake documents because they could not legally establish true ownership of the loans when trying to foreclose.
This reality, which banks did not contest but instead settled out of court, means that tens of millions of mortgages in America still lack a legitimate chain of ownership, with implications far into the future. And if Congress, supported by the Obama administration, goes back to the same housing finance system, with the same corrupt private entities who broke the nation’s private property system back in business packaging mortgages, then shame on all of us.
August 10, 2015
QotD: Rioters
My observation of rioters, admittedly from a distance and refracted through cameras, is that they enjoy rioting. Pride is not the only thing that goeth before destruction; human nature does too. I certainly know myself the pleasures of destruction, and knew them as a child: still when I dispose of my bottles in the bottle bank I am disappointed if a few of them do not break with a gratifying tinkle. When I am in a temper (which is not often these days), I know the momentary relief and pleasure that a broken window would bring me. But I have a duty not to relieve myself in this way; everyone does.
When the destructive urge is allied to a sense of purpose and righteousness, it is at its most dangerous, for then one denies that one is deriving pleasure from one’s actions — one is only doing what is right.
There is more that might be said about the violent protesters in Ferguson, as elsewhere. It is true, of course, that no one can be equally moved by all the injustices in the world; if such a person existed, his life would be one long protest against injustice and he would have no time for the enjoyment of the ordinary things of life. The best way to be a bore, said Voltaire, is to say everything; and the second best way would be to protest about everything. But still one has a duty to keep one’s wrath in bounds.
I am not against protest as such. But where someone’s protest against one thing is very much greater than against another that is equally near and in aggregate as serious, one may suspect his dishonesty or bad faith. It is true, of course, that a killing by an agent of the state is particularly heinous, especially if part of a pattern, but it is not infinitely serious by comparison with other killings, nor is it the only serious killing. Though Ferguson is not a particularly violent town (its rate of crimes of violence is about average for that of the United States), five people were murdered there in 2011 without arousing the kind of agitation that has captured, and perhaps even captivated, the attention of the world for the last few days. There are places near Ferguson where the violent crime rate is four times higher than in Ferguson, but there has never been a protest of the same order against the depredations of criminals there.
I try to imagine what it would take to make me throw bricks through windows, ransack buildings, and so forth. Having myself suffered only minor injustices and been responsible for my own failures in life, it takes a special effort of the imagination. But even after I have made that effort, I still cannot see a logical or justifiable connection between protest at injustice and looting a store.
Theodore Dalrymple, “Indulging in Destruction”, Taki’s Magazine, 2014-08-24.
August 6, 2015
Michael Geist on the latest TPP leaks
As you’d expect from a set of negotiations — secret negotiations, at that — what the politicians say about it doesn’t necessarily have much to do with reality:
KEI this morning released the May 2015 draft of the copyright provisions in the Trans Pacific Partnership (copyright, ISP annex, enforcement). The leak appears to be the same version that was covered by the EFF and other media outlets earlier this summer. As such, the concerns remain the same: anti-circumvention rules that extend beyond the WIPO Internet treaties, additional criminal rules, the extension of copyright term, increased border measures, mandatory statutory damages, and expanding ISP liability rules, including the prospect of website blocking for Canada.
Beyond the substantive concerns highlighted below, there are two key takeaways. First, the amount of disagreement within the chapter is striking. As of just a few months ago, there were still many critical unresolved issues with widespread opposition to (predominantly) U.S. proposals. Government ministers may continue to claim that the TPP is nearly done, but the parties still have not resolved longstanding copyright issues.
Second, from a Canadian perspective, the TPP could require a significant overhaul of current Canadian law. If Canada caves on copyright, changes would include extending the term of copyright, implementing new criminal provisions, creating new restrictions on Internet retransmission, and adding the prospect of website blocking for Internet providers. There is also the possibility of further border measures requirements just months after Bill C-8 (the anti-counterfeiting bill) received royal assent.
Given the extensive debate on copyright during the 2012 reforms, the TPP upsets the balance the Canadian government struck, mandating reforms without public consultation or debate. The government has granted itself the power to continue to negotiate the TPP during the election period, but all the major parties should publicly declare where they stand on these issues.
August 4, 2015
Alex Tabarrok explains the “Happy Meal fallacy”
Another post from last month that I’m just getting around to linking:
Some restaurants offer burgers without fries and a drink. These restaurants cater to low-income people who enjoy fries and drinks but can’t always afford them. To rectify this sad situation a presidential candidate proposes The Happy Meal Act. Under the Act, burgers must be sold with fries and a drink. “Burgers by themselves are not a complete, nutritious meal,” the politician argues, concluding with the uplifting campaign slogan, “Everyone deserves a Happy Meal!”
But will the Happy Meal Act make people happy? If burgers must come with fries and a drink, restaurants will increase the price of a “burger.” Even though everyone likes fries and a drink they may not like the added benefits by as much as the increase in the price of the meal. Indeed, this must the case since consumers could have bought the meal before the Act but chose not to. Requiring firms to sell benefits that customers value less than their cost makes both firms and customers worse off.
The Happy Meal Fallacy is fairly obvious when it comes to happy meals but now let’s consider the debate over the gig economy and the hiring of employees versus contractors. Employees are entitled to benefits that contractors are not. Thus the standard conclusion is that classifying workers as contractors “is great for employers but potentially terrible for workers.” Wrong. Employees get their wages with fries and a drink while contractors get wages only. Would a law requiring firms to provide all workers with fries and a drink help workers?
If firms are required to provide benefits to contractors they will lower the contractor wage. But how do we know the extra benefits aren’t worth the reduction in wages? If the extra benefits were worth more to workers than they cost firms, firms would have eagerly provided these benefits as a way of increasing profits. Firms can profit whenever buyers are willing to pay more for a product than its cost. Benefits are a product that workers buy from firms.
Tallahassee does the right thing about its red light camera system
Last month, Randall Holcombe reported on a sensible decision by the Tallahassee, Florida city government when it was discovered that its red light camera program had achieved the stated goal:
Five years ago my hometown of Tallahassee, Florida contracted with Xerox to set up 19 red light cameras at seven busy intersections in town. The contract had the city pay Xerox about $87,000 a month to operate the cameras, and charged drivers a fine of $142 for being caught on camera running a red light.
When the program was established, city officials claimed that the cameras were installed for safety reasons, to deter drivers from running red lights, not to raise revenue. If we take them at their word, the program worked. Red light violations have fallen more than 90% since the program began. The program has been so successful that the city is not taking in sufficient revenues from fining violators to pay Xerox the fees for operating them.
You can guess the ending of this story. The city has announced that when the contract with Xerox expires in August, it will not be renewed and the red light camera program will end. Here is a program that has been a huge success by the city’s stated criterion, so the city is terminating it.
I see two possible explanations for this. One is that governments tend to terminate successful programs and continue the unsuccessful ones. The other is that the city officials who originally stated that the motivation for installing the cameras was to deter red light violations, and not the revenue generated from fines, were lying. I’m not ruling out the possibility that both explanations are correct.
Other municipalities presented with the same set of facts went in another direction: reducing the amber light time to increase the number of cars that could be caught on camera violating the law. That this had nothing to do with increasing public safety on the roads — in fact, probably increased the danger around traffic lights in the case of drivers braking suddenly to avoid entering the intersection as soon as the light turned yellow — but it did do a fine job of increasing the fines that could be collected (who cares about the safety of drivers and pedestrians when municipal revenue is at stake?).
