Quotulatiousness

November 25, 2023

“It’s not called the gender empathy gap for nothing”

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

Janice Fiamengo on the blatant disregard for violence as long at that violence is not directed at women:

The news headline by the CBC, Canada’s state-funded broadcaster, could hardly have been more blatant: “Ottawa had 16 homicides in 2022—and nearly half of the victims were women or girls“. In other words, more than half of the victims, as is always the case, were boys and men, a state of affairs that no one at the CBC has ever found troubling enough to lament or even notice. Only when the female homicide rate approaches gender parity in one (unusual) year is it a “collective crisis”, as the subheading alleges.

It’s not called the gender empathy gap for nothing.

[Author’s note: Perhaps I should have stopped here. What more is there to say about the extraordinary indifference of most people, men and women, to violence against men and the craven desire to deny female culpability? There’s nothing new in this essay, no new angle or stats, no rousing call to action, nothing beyond the marshalling of dreary evidence and sadly sarcastic observations unlikely to change any mind or cause any gynocentric cheek to blush. I had intended to finish it in time for the International Day for the Elimination of Violence Against Men, on November 18, but was stymied partly by a sense of helpless anger, the weight of which pressed down on every sentence. The section at the end, about the death of Benjamin Rain, was the last straw.]

Feminists have long touted their concern for victims, yet that is never in shorter supply than in their one-sided discussions of violence, in which the only deaths allowed to matter are female deaths, presented for readers’ contemplation with poignant circumstances, names, and expressions of horrified sadness, as in the above-mentioned article. Dead men remain largely anonymous, and few readers could guess from the typical reports of feminist organizations that women are ever lethally violent.

Indifference to male suffering and death are the norm all over the world, of course, but the Anglophone feminist movement has markedly increased it, fudging numbers and manipulating language to focus empathy exclusively on women and girls. The CBC article devotes significant space to discussing the risible concept of femicide, a relatively recent coinage that makes no secret of its female supremacism, purporting to highlight how women and girls are killed “simply for being women” and “primarily by […] men”, as if every woman, even one killed by accident (as we’ll see), is evidence of gender bias.

The idea that women are killed because they are women is preposterous, impossible to support with evidence, and obviously intended to solidify the impression that women outnumber men as victims of murderous violence. An organization called the Canadian Femicide Observatory for Justice and Accountability provides an elaborate taxonomy of forms of femicide to drive the idea home, deliberately blurring the lines between intimate partner homicide, a favored focus, and other killings of women, which are collectively deplored as “brazen acts of hatred“.

Even a cursory reading of the details, however, exposes the vacuousness of the terminology as well as the sleight of hand by which men’s alleged misogyny is misleadingly linked to the totality of the women’s deaths. Only two of Ottawa’s seven murdered women were killed by current or former intimate partners. One of the dead women was attacked and killed by her two adult daughters (an act called “non-intimate femicide”), while another was the victim of a stray bullet that killed her by accident and was probably intended for a man (if you can believe it, the Canadian Femicide Observatory calls this type of death “associated/connected femicide”).

It is impossible to conclude that all or even most of these — certainly unfortunate — deaths can logically be said to have occurred, as the mantra holds, “due to the existence of gender norms and stereotypes, discrimination directed toward women and girls, and unequal power relations across genders“. The determination to find gender discrimination at the root of all female suffering — and thus to justify yet more programs, initiatives, and taxpayer dollars for feminist organizations, as well as more collective shaming of men — seems unstoppable.

November 21, 2023

“I couldn’t believe I was sitting in a court room where the prosecution discussed the interpretation of Bible verses”

Filed under: Europe, Law, Liberty, Politics, Religion — Tags: , , — Nicholas @ 04:00

In First Things, Sean Nelson recounts the trials of Päivi Räsänen, a Finnish parliamentarian who has been through several years of legal tribulation for expressing her religious views publicly:

Päivi Räsänen, Finnish parliamentarian
Finnish government photo via Wikimedia Commons.

“Blessed is the man who perseveres in the trial,” declares the Epistle of James. Finnish Member of Parliament Päivi Räsänen should count herself doubly blessed this week. She has now persevered through two trials over more than four years of legal troubles brought on merely for expressing her Christian faith. Following both trials, she has not only been acquitted, but also has been a shining example of a modern Christian life fearlessly lived.

On Tuesday, a Finnish Court of Appeal unanimously found MP Räsänen not guilty under Finland’s “hate speech” laws. If the decision stands — there is still a possibility of appeal to Finland’s Supreme Court — it will represent a bulwark for Christians and all people of good will wishing to live out their faith and contribute to social conversations over contentious issues.

Räsänen’s legal saga began on June 17, 2019. On that day, she tweeted a criticism of her church’s participation in a Helsinki Pride parade. She also included a picture of verses from her home Bible. Her case has come to be known as the “Bible Trial”.

Because she is a long-serving member of Parliament and a former Minister of the Interior, her tweet drew the ire of Finnish officials. While an initial police investigation found nothing criminal in her tweet — even writing that sounds absurd — the prosecutor’s office re-opened the matter to comb through her entire history of public utterances. The Helsinki prosecutor came back with an allegedly offensive pamphlet published in 2004 and a live radio interview from 2019. Räsänen was then charged with three counts of “hate speech” under a criminal code provision originally related to war crimes.

During her first trial in January 2022, the Helsinki prosecutor probed Räsänen with theological questions. Was it really possible to separate sin from the sinner, and condemn the former while loving the latter? Basic Christian belief rests on the distinction, as Räsänen explained, but the prosecutor was not convinced. Räsänen reflected at the time, “I couldn’t believe I was sitting in a court room where the prosecution discussed the interpretation of Bible verses”.

In March 2022, the trial court delivered a resounding victory for Räsänen, unanimously finding her not guilty. “It is not for the district court to interpret biblical concepts,” it said.

November 9, 2023

Defending a stateless society: the Estonian way

Filed under: Government, History, Law, Military — Tags: , , , , , , — Nicholas @ 03:00

David Friedman responded to a criticism of his views from Brad DeLong. Unfortunately, the criticism was written about a decade before David saw it, so he posted his response on his own Substack instead:

English version of the Estonian Defence League’s home page as of 2023-11-08.
https://www.kaitseliit.ee/en

Back in 2013 I came across a piece by Brad DeLong critical of my views. It argued that there were good reasons why anarcho-capitalist ideas did not appear until the nineteenth century, reasons illustrated by how badly a stateless society had worked in the Highlands of Scotland in the 17th century. I wrote a response and posted it to his blog, then waited for it to appear.

I eventually discovered what I should have realized earlier — that his post had been made nine years earlier. It is not surprising that my comment did not appear. The issues are no less interesting now than they were then, so here is my response:

Your argument rejecting a stateless order on the evidence of the Scottish Highlands is no more convincing than would be a similar argument claiming that Nazi Germany or Pol Pot’s Cambodia shows how bad a society where law is enforced by the state must be. The existence of societies without state law enforcement that work badly — I do not know enough about the Scottish Highlands to judge how accurate your account is — is no more evidence against anarchy than the existence of societies with state law enforcement that work badly is against the alternative to anarchy.

To make your case, you have to show that societies without state law enforcement have consistently worked worse than otherwise similar societies with it. For a little evidence against that claim I offer the contrast between Iceland and Norway in the tenth and eleventh centuries or northern Somalia pre-1960 when, despite some intervention by the British, it was in essence a stateless society, and the situation in the same areas after the British and Italians set up the nation of Somalia, imposing a nation state on a stateless society. You can find short accounts of both those cases, as well as references and a more general discussion of historical feud societies, in my Legal Systems Very Different From Ours. A late draft is webbed.

So far as the claim that the idea of societies where law enforcement is private is a recent invention, that is almost the opposite of the truth. The nation state as we know it today is a relatively recent development. For historical evidence, I recommend Seeing Like a State by James Scott, who offers a perceptive account of the ways in which societies had to be changed in order that states could rule them.

As best I can tell, most existing legal systems developed out of systems where law enforcement was private — whether, as you would presumably argue, improving on those systems or not is hard to tell. That is clearly true of, at least, Anglo-American common law, Jewish law and Islamic law, and I think Roman law as well. For details again see my book.

In which context, I am curious as to whether you regard yourself as a believer in the Whig theory of history, which views it as a story of continual progress, implying that “institutions A were replaced by institutions B” can be taken as clear evidence of the superiority of the latter.

And From the Real World

In chapter 56 of the third edition of The Machinery of Freedom I discussed how a stateless society might defend against an aggressive state, which I regard as the hardest problem for such a society. One of the possibilities I raise is having people voluntarily train and equip themselves for warfare for the fun (and patriotism) of it, as people now engage in paintball, medieval combat in the Society for Creative Anachronism, and various other military hobbies.

A correspondent sent me a real world example of that approach — the Estonian Defense League, civilian volunteers trained in the skills of insurgency. They refer to it as “military sport”. Competitions almost every week.

Estonia’s army of 6000 would not have much chance against a Russian invasion but the Estonians believe, with the examples of Iraq and Afghanistan in mind, that a large number of trained and armed insurgents could make an invasion expensive. The underlying principle, reflected in a Poul Anderson science fiction story1 and one of my small collection of economics jokes,2 is that to stop someone from doing something you do not have to make it impossible, just unprofitable. You can leverage his rationality.

Estonia has a population of 1.3 million. The league has 16,000 volunteers. Scale the number up to the population of the U.S. and you get a militia of about four million, roughly twice the manpower of the U.S. armed forces, active and reserve combined. The League is considered within the area of government of the Ministry of Defense, which presumably provides its weaponry; in an anarchist equivalent the volunteers would have to provide their own or get them by voluntary donation. But the largest cost, the labor, would be free.

Switzerland has a much larger military, staffed by universal compulsory service, but there are also private military associations that conduct voluntary training in between required military drills. Members pay a small fee that helps fund the association and use their issued arms and equipment for the drills.

    1. The story is “Margin of Profit“. I discuss it in an essay for a work in progress, a book or web page containing works of short literature with interesting economics in them.

    2. Two men encountered a hungry bear. One turned to run. “It’s hopeless,” the other told him, “you can’t outrun a bear.” “No,” he replied, “But I might be able to outrun you.”

November 5, 2023

Dear Supreme Court of Canada, “ever get the feeling you’ve been cheated?”

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

Colby Cosh outlines the arguments the federal government used to persuade a majority of the sitting justices of the Supreme Court of Canada to greenlight Justin Trudeau’s carbon tax tax grab and wonders if they suspect they got fast-talked:

The decision agreeing to this was signed by six of the nine justices of the court: Richard Wagner, Rosalie Abella, Michael Moldaver, Andromache Karakatsanis, Sheilah Martin and Nicholas Kasirer. Today I confront these eminences with the immortal question once asked by Johnny Rotten: ever get the feeling you’ve been cheated?

Last week the Liberal government whose hirelings rhapsodized about the urgent, indivisible, inherently national nature of carbon pricing announced a “temporary” total exemption for fuel oil used for home heating. This has the effect of letting some households in the Atlantic provinces out of a tax that applies to cleaner BTUs in the rest of the country, and the targeted regional nature of this move has been emphasized rather than concealed by Liberal ministers.

Oh, to be sure, it’s temporary. The three-year duration of the exemption just happens to push its expiry past the next federal election. What happens at that point, who knows? And to be sure, the exemption applies to fuel oil for home heating everywhere in Canada where the federal carbon tax applies. It just so happens that the electorally crucial Atlantic is the only place where a significant number of households still depend on the system. The Liberals can perhaps say with a straight face that there is no conflict here with the underpinnings of the arguments that succeeded so beautifully in the Supreme Court.

But if the GGPPA References were re-litigated now, after the attempt to impose the carbon tax and the panicky local retreat, one wonders whether the “national concern” blarney would seem quite so convincing. We are not, in turns out, all in this leaky planetary lifeboat together. The urgency of carbon pricing, it turns out, is not quite paramount and transcendent. Its indivisibility and inherent nationalness are not as promised. The Liberals didn’t want to save the planet quite so much, it seems, as they just wanted to make the rules for their own electoral benefit.

At The Line, Harrison Ruess, who recently switched his home heating solution from a mixed oil and propane to just propane, wonders why his choice to go with the lower-carbon option will end up penalizing him under the latest policy change by the feds:

Indeed, in looking deeper at the regional numbers, the concern about the rising cost of living and housing affordability isn’t particularly acute in Atlantic Canada versus other parts of the country. The chart below, provided to me by David Coletto at Abacus Data, and published here at The Line first, reveals just how difficult a position the PM has now staked out for his government. While Atlantic Canadians are somewhat more concerned about housing affordability than average, they are very slightly less concerned than the average Canadian about the overall rising cost of living. In Saskatchewan and Manitoba, for example, the opposite is true: they’re less concerned than average about housing affordability, but more concerned than average about the rising cost of living.

The takeaway to me in looking at this is that all Canadians are worried about costs and affordability.

The other question that jumped to mind is: why only heating oil? Heating oil is useful in places without good access to natural gas pipelines, and that does include much of Atlantic Canada, but also to rural areas everywhere, where other fuels, such as propane or wood pellets, are also used. According to the propane association, there are about 200,000 Canadian homes using propane — of which about 30,000 are in Atlantic Canada.

I can speak to this with some personal experience. When my wife and I purchased our home in semi-rural Ottawa, it had a Frankenstein heating system that used heating oil for part of our home and propane for another. Just this summer we completed a (somewhat expensive) rationalization of our system to combine the two into one larger, though more efficient, propane system.

Having one system will hopefully save us money on maintenance and hydro costs — powering and maintaining one system should cost less than two. It will also save us a couple hundred bucks a year on our home insurance (did you know there’s an extra premium if you have a heating oil tank? Welcome to rural life, dear readers.) Ditching the oil and expanding the propane is also good environmentally, since the carbon impact of propane is considerably less.

But we didn’t get a break from the federal government. We’d only have gotten it if we’d gone the other way, and used the more polluting fuel. Why punish my family for heating our home using the cleaner fuel?

And why not provide an exemption for natural gas? It’s cleaner still. And why not people in cities? They don’t want to freeze either, and we’re all broke. The carbon tax isn’t helping, no matter which fuel you’re using or which part of the country you call home. The ultimate challenge the government will face is that they cannot talking-point their way out of a reality.

October 22, 2023

A lawyer in “deep blue” Pennsylvania discovers that elected bodies don’t have to listen to the voters

Filed under: Bureaucracy, Education, Government, Health, Law, Politics, USA — Tags: , , , , — Nicholas @ 03:00

Chris Bray on the details of a case from Pennsylvania where an active and involved parent tried to get answers from the elected school board on how they justified imposing masking requirements without a shred of legal power to do so:

In December of 2021, the Pennsylvania Supreme Court ruled that officials in that state had implemented mask mandates that they had no legal authority to impose. The decision in Corman v. Beam is not written in stirring language, and makes no bold declarations about truth, freedom, and the American way; it’s a workmanlike examination of statutory language, quite dull to read. Test me on that characterization, if you want. But the court concluded, importantly, that the mandate had been invalid ab initio — not from the moment the court struck it down, but rather from the moment it was issued. Mask mandates had never been enforceable in Pennsylvania.

In an affluent, deep blue community in the Philadelphia suburbs, a lawyer and parent named Chad Williams took the ruling as vindication. With four children in the local schools, he’d been telling school officials — clearly and often — that they had no legal authority to require masks on campus. To say that they hadn’t listened would be an understatement.

In August of 2020, during a Zoom meeting to decide on in-person school for the soon-to-begin school year, the nine-member Unionville-Chadds Ford school board muted Williams when he asked about the legal basis for the choice.

Repeating the performance, school board members cut the microphones and walked out of one of their own subsequent meetings, in August of 2021, to avoid listening to Williams when he didn’t stop speaking at the three-minute mark during their public comment session. Other parents concerned about forced masking for children received a similarly warm reception. The school board voted unanimously that same night to again impose a mask mandate on their campuses for the new school year.

For Williams, the repeated experience was a shock. He was an experienced lawyer, a parent, an established member of the community, and a volunteer coach at the high school — and he couldn’t get anyone to listen to a reasonable question. He asked his school board to explain the legal basis for a new policy, and “the school board president just cut me off.” Officials were acting in lockstep, without apparent authority, and refusing to explain their choices. “They just wouldn’t answer,” Williams says. Many of us have had this experience.

The school district finally dropped its mask mandate in March of 2022, after the decision from the state Supreme Court. And that was the end — except for one thing. A formal policy of the Unionville-Chadds Ford School District, Policy 906, establishes “a fair and impartial method” for the examination of parent complaints. You can find that policy here, in the section labeled “Community”. The policy is detailed and unambiguous, and starts requiring written reports after the failure of early and informal stages of resolution:

    Third Level – If a satisfactory solution is not achieved by discussion with the building principal or immediate supervisor, a conference shall be scheduled with the Superintendent or designee. The principal or supervisor shall provide to the Superintendent or designee a report that includes the specific nature of the complaint, brief statement of relevant facts, how the complainant has been affected adversely, the action requested, and the reasons why such action should be taken or not taken.

    Fourth Level – Should the matter not be resolved by the Superintendent or designee or is beyond his/her authority and requires Board action, the Superintendent or designee shall provide the Board with a complete report.

    Final Level – After reviewing all information relative to the complaint, the Board shall provide the complainant with its written decision and may grant a hearing before the Board or a committee of the Board.

Williams used Policy 906 to ask the school board to think about what it had done, conducting an independent review of its policy decisions during the pandemic. Why had school officials implemented policies they had no legal authority to impose? Why had they refused to discuss or address parent questions? Why had they stonewalled requests for documents and information — not only from parents, but from a state senator who took an interest in the matter? Williams asked for an apology and “changes in oversight” to prevent a recurrence of unlawful and unexplained policy decisions, using formal school district policy that requires the district to act on complaints.

They haven’t bothered. The Unionville-Chadds Ford School District continues to ignore Williams, not responding to his complaints or opening the inquiry their own policy requires them to pursue. He’s had one sort-of response: In an exchange over the handling of the complaint, the district’s lawyers, at a private law firm, threatened him with legal action — a threat they so far haven’t made good. But from school district officials, the only response to three years of questions is unbroken silence.

October 19, 2023

The evisceration of Bill C-69 (aka the Impact Assessment Act)

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

The decision of the Supreme Court of Canada to strike down large parts of the federal Impact Assessment Act caught a lot of people by surprise. The court hasn’t made much of a habit of rejecting the federal government’s ever-increasing encroachments on provincial jurisdiction, so this ruling is a bit of a black swan. It’d be nice if the Supremes were going to be more vigilant in future, but that’s unlikely. Colby Cosh explains why this is a “remarkable political moment”:

Environment Minister Steven Guilbeault, 3 February 2020.
Screen capture from CPAC video.

To hear the Liberals talk now, you would think that the Supreme Court’s 7–2 rebuke of C-69 was a mere bump in the road. Steven Guilbeault, the federal environment minister, appeared on CTV’s Question Period to reassure the public that the law can be “redefined” to accomplish its grandiose intentions; it’s just a matter of “course-correct(ing)” the text a smidgen in order to “comply with the spirit” of the ruling.

Here’s an idea for the minister: maybe just go ahead and comply with the ruling, period?

Comply with the spirit, he says. Having taken the trouble to decrypt the ruling, which is not exactly a masterpiece of lucid clarity, I wonder at the environment minister’s priorities. Rather than appearing on television with a bunch of happy talk, he ought to have been mopping up the seas of blood left by the court’s evisceration of his Impact Assessment Act.

In essence, the Liberals created an apparatus whereby a federal panel would perform environmental and social assessments of major infrastructure projects based on the possibility that they might “cause adverse effects within federal jurisdiction”.

The underlying pretext is that the federal government’s powers are sometimes engaged by the creation of mines, wells, roads and other such projects — even when they are confined within one province’s borders — because they can conceivably affect federal matters such as fisheries, migratory birds, Aboriginal welfare, treaty obligations and other “national concerns”.

This is true as far as it goes, but the court majority’s finding was that this constitutional pretext for creating a federal assessment scheme isn’t actually reflected in the scheme itself. The Liberals, asserting a right to investigate hypothetical infringements on the federal sphere of power, created a law that essentially allows them to veto anything that a province might want to permit.

As the law is written, the initial assessment-agency decision to “designate” a project for assessment can be based on just about anything, including “any comments received … from the public” and “any other factor the Agency considers relevant”. In the final decision-making phase, which is to be based on the “public interest”, specific federal heads of power are also cast aside: whoever makes the final call at the cabinet level is to evaluate a project for “sustainability”, for example.

October 5, 2023

“Canada, where truck drivers are Nazis and Nazis are war heroes”

Filed under: Cancon, Law, Liberty, Politics — Tags: , , , — Nicholas @ 05:00

Donna LaFramboise on the “Coutts Four” — bona fide political prisoners of the Canadian state:

Gord Magill has a lengthy article over at Newsweek titled Meet the Four Men Being Held as Political Prisoners in Canada. These individuals are jointly accused of conspiring to murder police officers during a protest in Coutts, Alberta around the same time that the Freedom Convoy truckers were in Ottawa.

That’s a very serious charge, of course, but evidence appears scarce. I’ve not personally investigated this matter, but a former Toronto police detective named Donald Best has. In July, he outlined a long list of concerns, in addition to pointing out that “Everybody makes bail in Canada” — including the man “currently accused of the first degree murder of Toronto Police officer Jeffrey Northrup”.

Yet the Coutts men — three of whom have no criminal record — have been held without bail for nearly 600 days. Since they are legally innocent until proven guilty, this is horrifying.

As Gord writes in Newsweek, we are a country in which hard-working Canadians are called Nazis by the same Prime Minister whose government recently recognized an actual Nazi with a standing ovation in the House of Commons. What a strange state of affairs.

After speaking to each of the Coutts four, Gord provides a wealth of new info about them. These are working class guys — a power lineman, the owner of a small construction company, a master electrician, and a contractor. Three of them have children as young as 9, 10, and 11. Gord says only two of them “knew each other prior to their arrest”. It’s difficult to imagine a more unlikely group of cop-murder conspiracists.

September 24, 2023

QotD: The composition of the polis

Filed under: Europe, Greece, History, Law, Quotations — Tags: , , , — Nicholas @ 01:00

A polis is made up of households, called oikoi (singular: oikos), to the point that creating a new polis was called synoikismos (or synocism). The Greek there is συνοικισμóς, συν- (meaning “together”) and οἶκος giving the word a meaning something like “living together in one house” or “putting the houses together as one”. This was the word the Greeks used to describe the process by which a disparate set of tribes, villages and households came together to create a polis; Indeed Aristotle (Arist. Pol. 1253b) is explicit that the oikos is the smallest unit, the “atom” to use M.H. Hansen’s word, of the polis, not the individual.

So what is an oikos? Well that word is about as plastic as polis. Oikos can mean a house (as in a physical building), or it can mean a household (as in the family that dwells in that building) or it can mean all of the property of that household, and indeed Greek writers will use this word to mean all of these things, often in the same context (that is they shift freely between these linked meanings, not seeing them as fully distinct). Now as a “family” we should note that an oikos was rather more extensive than our sense of family (though rather less extensive than the Roman concept of a familia and a lot less extensive than a Roman gens; we’ll come to these in a later series): an oikos consisted of all of the people who lived together in a house, which generally meant the adult citizen male, his wife and dependents and also their enslaved workers. It that family had enslaved workers who did not live with them, they also generally counted as part of the oikos because they were understood as the property of it.

The creation of a polis meant merging all of these things together in a very literal way. In a physical sense the creation of a town core meant literally putting houses together, as a good part of the population might move to live in that town core (with their farms just outside the town in walking distance, remember: most of these poleis are very small). Indeed M.H. Hansen notes in the introductory article on synoikismos in the Inventory that the only “purely political synoecism” – that is, a synoikismos that did not involve actually moving people to form or merge with a new town center but merely politically united existing geographically distinct communities – occurs in myth in Theseus’ supposed creation of the Athenian poleis. That this sort of synoikismos never happens in the historical period (there’s an attempt in Ionia in 547/6 but it never gets off the ground) ought to suggest that it probably didn’t happen with Theseus either.

It is also in a sense the merging of families, as one of the key privileges of citizenship in a polis was the right to marry women of citizen status (that is, the daughters of citizens) and thus have citizen children. And it meant the new citizenry putting their fortunes – in a literal, physical sense of the wealth that enabled them to survive (think farms and farming) – together in common when it came to things like war.

This may all seem fairly straightforward, but I invite you to consider the different implications it has compared to the way we mostly conceive of the population of a country, which we tend to imagine as a collection of individuals; as we’ll see the Greeks did this a bit too, but it wasn’t the first thought they reached for. In the polis, it is the households that have standing, represented by their adult, free citizen male heads, not individuals. The polis protects the households from the world, not the members of the household from each other, with the most obvious and immediate legal implication being the fact that crimes against junior members of the household are often understood as property crimes against the head of the household and actions within the household are simply not the business of the state. Now we shouldn’t over-stretch this: the Greeks were capable of understanding non-free and non-male people as individuals at times, but the political structure of the polis is predicated on units of households.

Bret Devereaux, “Collections: How to Polis, 101: Component Parts”, A Collection of Unmitigated Pedantry, 2023-03-10.

September 22, 2023

“The Online News Act … has been an utter disaster”

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

Michael Geist on the ongoing disaster the federal government created with the Online News Act:

Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. I posted a reality check tweet noting that Meta is not returning to news in Canada, the law’s regulation stipulating a 4% fee on revenues is not found anywhere else, and that Bill C-18 has emerged as a model for what not to do. With the House of Commons back in session, it is worth providing a more fulsome reality check on where things stand with the Online News Act. While the government is still talking tough, the law has been an utter disaster, leading to millions in lost revenues with cancelled deals, reduced traffic for Canadian media sites, declining investment in media in Canada, and few options to salvage this mess.

For those that took the summer off, Bill C-18 received royal assent in late June. Over the past three months:

1. Meta has blocked all news links in Canada and cancelled existing deals with Canadian news outlets. The blocked links covers both Canadian and foreign news in light of the broad scope of the law. While the Australian experience lasted a few days, the blocking in Canada has now gone on for weeks and there is little reason to believe that the company will reverse its position to comply with the law by simply not linking to news.

2. The government responded to the blocked news links by stopping to advertise on Facebook and Instagram and encouraging others to do the same. The boycott has had little effect as the Liberal party is still advertising on the platforms with a new round of ads this week, the Prime Minister is still posting on the platforms, and reports indicate that Facebook has not experienced a reduction in user activity. In fact, reports suggest that the experience on Facebook without news has improved. Further, a Competition Act complaint has not sparked any action.

3. Google responded to Bill C-18 by advising it too would remove news links from its services before the law takes effect in December. That position enabled it to wait for the government to release draft regulations that provide further detail on the application of the law and the standards for obtaining an exemption from the mandatory bargaining process that can lead to final offer arbitration overseen by the CRTC.

Several more items of concern at the link.

September 13, 2023

Michael Geist on the “relentless misinformation campaign that ignores the foundational principles of copyright law”

Filed under: Books, Cancon, Education, Law — Tags: , , , — Nicholas @ 05:00

Michael Geist discusses a recent public statement from the Canadian Federation of Library Associations on how changes to copyright rules in Canada may seriously impact the public:

Assignments of copyrights photostat copies by mollyali (CC BY-NC 2.0) https://flic.kr/p/5JbsPE

Last month, the Canadian Federation of Library Associations released a much-needed statement that sought to counter the ongoing misinformation campaign from copyright lobby groups regarding the state of Canadian copyright and the extensive licensing by libraries and educational institutions. I had no involvement whatsoever with the statement, but was happy to tweet it out and was grateful for the effort to set the record straight on what has been a relentless misinformation campaign that ignores the foundational principles of copyright law. Lobby groups have for years tried to convince the government that 2012 copyright reforms are to blame for the diminished value of the Access Copyright licence that led Canadian educational institutions to seek other alternatives, most notably better licensing options that offer greater flexibility, access to materials, and usage rights. This is false, and when the CFLA dared to call it out, those same groups then expressed their “profound disappointment” in the library association.

Yet what has been disappointing is that despite repeated Supreme Court of Canada decisions that have eviscerated the foundation of those groups’ claims, they insist on running back the same failed strategy again and again. The reality of Canadian copyright isn’t complicated: libraries and the education community spend more than ever before on licences that provide the right to access and use materials for teaching, course materials, text and data mining, and a myriad of other purposes. When combined with the gradual disappearance of course packs, the emergence of open access materials, and a reasonable interpretation of fair dealing consistent with Canadian jurisprudence, education and libraries are fulfilling their mandate by responsibly using public dollars to maximize public access, enable student learning, and ensuring fair compensation for authors.

The lobbying efforts to convince government to restrict fair dealing by requiring unnecessary licences would increase student costs, make education less affordable, and render Canada less competitive. Further, it would mean less access to materials for Canadian students. Universities spend hundreds of millions of dollars on licences that grant both access to materials (purchasing physical books has declined dramatically) and the ability to use them. The outdated Access Copyright licences only grant rights to use already acquired works for a limited series of purposes. Reverting back to the unnecessary Access Copyright licence would mean access to fewer works and reduced investment by the education sector and libraries in new works.

I wrote a six-part series on these issues earlier the year including posts on setting the record straight, the shift to electronic licensing, transactional licences, the disappearance of course packs, the emergence of open text books, and a fair reading of fair dealing. Once you get past the rhetoric, the data leaves little doubt that education and libraries are still actively paying for copyright materials through licensing and the claims of mass illegal copying in education in 2023 is a fabrication unsupported by the evidence.

September 2, 2023

The 4% non-solution

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

Michael Geist updates us on the Canadian government’s latest blunder in the Online News Act saga:

The government is releasing its draft regulations for Bill C-18 today and the chances that both Google and Meta will stop linking to news in Canada just increased significantly. In fact, with the government setting an astonishing floor of 4% of revenues for linking to news, the global implications could run into the billions for Google alone. No country in the world has come close to setting this standard and the question the Internet companies will face is whether they are comfortable with the global liability that would see many other countries making similar demands. The implications are therefore pretty clear: there is little likelihood that Meta will restore news links in Canada and Google is more likely to follow the same path as the Canadian government establishes what amounts to 4% link tax from Bill C-18 on top of a 3% digital services tax and millions in Bill C-11 payments.

The estimated revenues from Bill C-18 or the Online News Act have always been the subject of some debate. The Parliamentary Budget Officer set the number at $329 million, using a metric of 30% of news costs for all news outlets in Canada. Under that approach, over 75% of the revenues would go to broadcasters such as Bell, Rogers, and the CBC. The Canadian Heritage estimates were considerably lower, with officials telling a House of Commons committee last December that they expected about $150 million in revenue:

    I won’t speak to the PBO report which is the source of the numbers that you cited. That was not a department-led initiative. The internal modelling that we did when we tabled the bill and mentioned in our technical briefings was more around $150 million impact. That was based again in terms of how this played out in Australia and making some assumptions about how it might play out here. With respect to the PBO report, any questions about that particular number would have to be directed towards them.

By the time the bill reached the Senate several months after that, the number had grown to $215 million.

With the release of the draft regulations, the government has established a formula with an even bigger estimate. The creation of a formula is presumably designed to provide some cost certainty to the companies and represents a change in approach in Bill C-18, given that the government had previously said it would not get involved private sector deals but it is now setting a minimum value of the agreements. Officials told the media this morning that it believes Google’s contribution would be $172 million and Meta’s would be $62 million, for a total of $234 million. However, that may understate the revenues by focusing on search revenues alone. If based on total revenues, with a 4% minimum floor, the requirement would exceed C$300 million for Google. Either way, the number is more than 50% higher than the $150 million estimate the department gave the Heritage committee just eight months ago.

The draft regulations will also provide some additional clarity on several issues. The standard for a digital news intermediary has been fleshed out to include $1 billion in global revenues and 20 million Canadian users. As for the process, those companies subject to the rules are required to conduct a 60 day open call for negotiations. To meet a fairness standard, the resulting deals must be within 20% of the average and cover a wide range of news outlets. Contributions can include non-monetary items but it seems unlikely the resulting deals would grant links significant value. The CRTC would then pass judgment on the deals and determine whether the companies are exempt from a final offer arbitration process. The timing on this includes a 30 day consultation process on the regulations, before they are finalized prior to the December deadline. But with the CRTC not having established a bargaining framework before 2025, the liability issues start arising well before any deals are concluded or approved.

August 28, 2023

Why Britain Advanced Before Other European Nations | Thomas Sowell

Filed under: Britain, Economics, History, Law, Technology — Tags: , , , — Nicholas @ 02:00

Thomas SowellTV
Published 17 Dec 2021
(more…)

August 22, 2023

With Bill C-18 about to come into effect, there is zero sense for the “tech giants” to start negotiating

Filed under: Business, Cancon, Government, Law, Media, Politics — Tags: , , , , , — Nicholas @ 05:00

Michael Geist explains why there are no incentives for Google and Meta to begin any kind of negotiations with the Canadian government over the ruthlessly self-destructive Online News Act:

The rhetoric around Bill C-18 has escalated in recent days in light of the awful wildfires in NWT and British Columbia. In my view, the issues associated with these tragic events have little to do with Meta blocking news links and the attempt to bring it into the conversation is a transparent attempt to score political points (the connectivity issues with some NWT communities completely taken offline for days is somehow never mentioned). The reality is that Meta was asked about just this scenario at committee and it made it clear that it would not block any non-news outlet links. That is precisely what has been happening and the government’s legislative choices should be the starting point for understanding why compliance with the law involves blocking a very broad range of news links that extend beyond even those sources that are defined as “eligible news outlets”.

The government and supporters of Bill C-18 talking points now emphasize two things in relation to Meta blocking news links: the law has yet to take effect and there is room to address their concerns in the regulation-making process. Both of these claims are incredibly deceptive, relying on the assumption that most won’t bother to read the actual legislation. If they did, they would see that (1) the law has received royal assent and can take effect anytime and (2) the regulation making process addresses only a small subset of Bill C-18 issues with most of the core issues finalized. In other words, the time to shape the law and address many of the key concerns was before the government repeatedly cut off debate in order to ensure it that received royal assent before the summer break.

Start with when the law takes effect. As noted above, the law has been passed and received royal assent. It is the law of the land and there is no scope for changes or amendments without a new bill that must be passed by Parliament. Section 93 establishes when the provisions come into force. The law initially envisioned a staged approach whereby certain sections would be proclaimed in effect by the government in stage one, followed by four additional stages, some of which were contingent on certain regulations coming into force. Yet at the last minute the government approved a Senate amendment that basically discarded the entire approach. Section 93(6) states:

    (6) Despite subsections (1) to (5), any provision of this Act that does not come into force by order before the 180th day following the day on which this Act receives royal assent comes into force 180 days after the day on which this Act receives royal assent.

The entire law therefore takes effect no later than 180 days after royal assent, which is December 19, 2023. This change was included at the urging of the Canadian media sector (specifically Quebecor) which lobbied to have it take effect as soon as possible. Under this approach, the law can take effect at any time as the government need only issue the relevant Orders-in-Council. There is now little wiggle room. As of today’s post, the latest the law will take effect is in 120 days but it could happen well before that.

Once the law takes effect, the clock on negotiations and potential mediation and arbitration begins. The timelines are fixed in Section 19(1) of the law: 90 days to negotiate and 120 days for mediation. If there is no agreement and no request to the CRTC to extend the deadlines, the issue can go to final offer arbitration. To be clear, none of these timelines are subject to the regulation making process. They are fixed and they create obvious urgency for anyone facing compliance requirements.

The government threatened Meta and Google with mandated payment to Canadian news sources if their online services merely linked to articles or videos from those news sources. Meta and Google rationally decided that the tiny little Canadian market wasn’t worth the cost of paying CBC and other Canadian news outlets for the privilege of sending them readers and are in the process of obeying the letter of the new law and blocking such links on their respective platforms. They told the Canadian government that this is what they’d do if the law was passed in its current form, yet the government is pretending to be shocked and surprised that Meta and Google are going to obey the law.

After all, there’s no real risk that lives might be endangered because so many Canadians are used to getting their news by way of Facebook or Google, is there?

August 17, 2023

Lawfare as politics by other means

Filed under: Law, Media, Politics, USA — Tags: , , , , , , — Nicholas @ 03:00

Chris Bray explains why getting rid of the Donald Trump candidacy wouldn’t even begin to solve the real problems in US politics today:

Donald Trump has been charged with crimes, so the Republican Party should drop him as a candidate and move on to someone else who hasn’t been indicted. That’ll solve the problem!

It won’t. The problem is lawfare. The Republican governor of Wisconsin defeated a recall effort, so Democratic district attorneys launched a long series of predawn raids on his supporters — until the courts made them stop. The Republican governor of Texas won four terms, but then was indicted by the office of a Democratic district attorney — for a budget veto, an action within his constitutional authority. Again, the courts intervened, and the legally absurd charges were dismissed.

Today, scumbag California Assemblyman Evan Low, a uniquely craven publicity chaser even by the local standards, proudly announces that he’s just introduced a legislative resolution calling for the federal government to open a criminal investigation into Florida Governor Ron DeSantis.

So. Get rid of Trump and nominate DeSan— oh, wait. Okay, name someone, anyone: Chris Christie, Vivek Ramaswamy, a utility nominee to be named later in exchange for three rookie infielders. Oh no, it turns out that the new nominee is under criminal investigation for [TBD]! As of, uh, tomorrow.

I have mixed feelings about Donald Trump, who supported pandemic lockdowns and school closures and the rushed development of mRNA injections with limited testing. Dumping him as a candidate because he’s been indicted misses the point. No Republican candidate will run for the presidency without being indicted, unless he’s a court-eunuch Mitt Romney figure, too safe to bother attacking.

August 13, 2023

Don’t worry about losing all your news links, citizen! The Liberal government’s Ministry of Propaganda will tell you everything you need to know!

Filed under: Business, Cancon, Government, Law, Media, Politics — Tags: , , , , — Nicholas @ 05:00

The federal government still seems shocked and a little bit hurt that the “tech giants” are carefully obeying the letter of their new Online News Act instead of pumping millions of dollars into government-favoured media outlets. How dare Alphabet and Meta obey the law we wrote? We wanted to soak them for bribes subsidies to give to legacy corporations who can be depended upon to cheerlead our agenda!

Blocking of news links on Facebook and Instagram in Canada has becomes increasingly widespread in recent days, leading to a growing number of public comments from media outlets and reporters expressing surprise or shock about the scope of the link blocking. Indeed, outlets with blocked links include university student newspapers, radio stations, and foreign news outlets. While there may have been some errors (Facebook has a page to seek review of any blocked link decision), the inclusion of a very wide range of Canadian and foreign news outlets is no accident. Rather, it reflects the government’s Bill C-18 approach, which effectively covers all news outlets worldwide whose links are accessed in Canada. The Canadian government could have adopted a more targeted approach – for example, limiting the scope to news links from those news outlets eligible to negotiate agreements with Internet platforms under the law – but it instead went for the broadest possible approach that includes foreign news outlets with little or no connection to Canada.

Understanding why Bill C-18 covers news links from outlets who are not “eligible news businesses” under the law requires unpacking several provisions. First, start with the definition of a “digital news intermediary”, which states:

    digital news intermediary means an online communications platform, including a search engine or social media service, that is subject to the legislative authority of Parliament and that makes news content produced by news outlets available to persons in Canada. It does not include an online communications platform that is a messaging service the primary purpose of which is to allow persons to communicate with each other privately.‍ 

This definition is critical since the only companies that are subject to Bill C-18’s requirement to negotiate agreements with news outlets are (1) those that qualify as DNIs under this definition and (2) meet the requirements found in Section 6 on a significant bargaining power imbalance. The absence of significant bargaining power imbalance is why companies such as Twitter, Microsoft or Apple are not subject to the law. That leaves Google and Meta, provided that they qualify as DNIs. The key phrase in the qualification requirement is that the companies “make news content produced by news outlets available to persons in Canada”. If the companies do not make news content produced by news outlets available to persons in Canada they are not DNIs and are not subject to the law.

[…]

… the government’s choice was to try to bring Meta and Google into the scope of the law by virtue of any news links to any news outlet anywhere in the world, even if those outlets have nothing to do with Canada or with the Bill C-18 system. Given Meta’s stated goal of complying with Bill C-18 by removing links to news content that would render it a DNI, the government’s legislative choice of covering all news links from all news outlets therefore effectively requires it to block all of those news links.

It takes a lot to make Google, of all companies, a sympathetic victim … yet Canada’s awesomely awful Liberal government aced it. Bananada strikes again!

« Newer Posts — Older Posts »

Powered by WordPress