Quotulatiousness

August 5, 2025

Will the courts take away Tariff-master Trump’s favourite toy?

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

President Donald Trump’s second term in office has been dominated by his capricious and seemingly random deployment of tariffs as a bludgeon to intimidate and coerce America’s allies and enemies alike. In Reason, J.D. Tuccille considers the possibility of the courts taking away the one tool Trump has been using to get his own way in trade negotiations:

Everybody with a brain knows that tariffs are taxes. And they know that tariffs imposed on goods imported to the United States are largely paid by American businesses and consumers. The big question is whether tariffs unilaterally imposed by President Donald Trump under creative interpretations of emergency executive powers will withstand a federal court challenge. So far, the signs are promising for those hoping that a law intended to rein in the power of the presidency will not be read to permit the president to set trade policy of his own accord.

As CBS News reported this week, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. heard “oral arguments on Thursday in V.O.S. Selections v. Trump, a case brought by five small business owners and 12 states who allege they have been harmed by President Trump’s import taxes. V.O.S., the lead plaintiff in the case, is a New-York based wine importer.”

Representing the plaintiffs is the free-market Liberty Justice Center, along with co-counsel Ilya Somin, a law professor at George Mason University’s Scalia Law School. The plaintiffs are challenging the Trump administration’s invocation of the International Emergency Economic Powers Act (IEEPA) as the basis for the “Liberation Day” tariffs on much of the world as well as related tariffs on Mexico, Canada, and China.

A Law Intended To Trim Presidential Power, Not Expand It

The plaintiffs maintain that “under that law, the President may invoke emergency economic powers only after declaring a national emergency in response to an ‘unusual and extraordinary threat’ to national security, foreign policy, or the U.S. economy originating outside of the United States. The lawsuit argues that the Administration’s justification — a trade deficit in goods — is neither an emergency nor an unusual or extraordinary threat.”

What’s interesting is that Congress passed IEEPA not to expand presidential power, but to restrict it. According to a 2024 Congressional Research Service report, “following committee investigations that discovered that the United States had been in a state of emergency for more than 40 years, Congress passed the National Emergencies Act (NEA) in 1976 and IEEPA in 1977. The pair of statutes placed new limits on presidential emergency powers”. Under these laws, presidents are required to assess emergencies on an annual basis, extend them if necessary, and report on their status to Congress.

“Some experts argue that the renewal process has become pro forma“, the report acknowledges. “History shows that national emergencies invoking IEEPA often last nearly a decade, although some have lasted significantly longer — the first state of emergency declared under the NEA and IEEPA, which was declared in response to the taking of U.S. embassy staff as hostages by Iran in 1979, is in its fifth decade.”

August 4, 2025

QotD: The impeachment of Andrew Johnson

Filed under: Government, History, Law, Politics, Quotations, USA — Tags: , , , , — Nicholas @ 01:00

Over the past few weeks, it has surprised me how seldom the name Andrew Johnson has come up. Sure, every time it has been mentioned that Donald Trump is the third (or fourth — or third and a halfth) President to be impeached, Johnson, the first, is given a brief mention, but very few details are offered of a story almost as stupid, insane, villainous, and corrupt as what’s going on now.

Almost.

I am greatly obliged to my old friend revisionist historian Jeffrey Rogers Hummel, who encouraged me to look into the Johnson impeachment. Johnson was the 17th President of the United States, rising to that office when his predecessor, Abraham Lincoln, was assassinated. Johnson had been a southern Democrat Senator, unjustly reviled by both sides, but remained in the Senate throughout the War Between the States and was chosen by Lincoln to help spread the appeal of a crypto-Republican “National Union” party dedicated to the peaceful and humane reintegration of those states that had seceded and been militarily crushed.

Lincoln’s Secretary of War, Edwin M. Stanton, however, held a somewhat different view. He thought he should be running the government. For various unsavory reasons — that would fill a book or two by themselves (hint: look up Grenville M. Dodge) — Stanton wanted to grind the South down even further under the Northern boot-heel, establishing, for example, extra-constitutional military zones to supervise the phony replacement “carpet-bag” state governments that the North had imposed on Southern states.

Once Johnson became President, he fired Stanton — whom more than one historian believes actually engineered Lincoln’s assassination — immediately running afoul of a little ditty called the 1867 Tenure of Office Act, which it appears was specifically cobbled together to keep Johnson from operating his own Presidency, leaving the nascent Stantonian Police State intact. Stanton and his cohorts impeached Johnson; his conviction failed by one vote in the U.S. Senate. Stanton resigned and skulked off to the garbage-heap of history.

L. Neil Smith, “Andrew and Donald”, Libertarian Enterprise, 2019-12-22.

August 3, 2025

“Even when accused men win, they lose”

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

Janice Fiamengo on the recent court decision that acquitted five former junior hockey players of sexual assault charges in a London, Ontario court:

The acquittal, last week, by Justice Maria Carroccia of five former members of the Canadian World Junior Hockey Team charged with sexual assault has provoked the usual exaggerations and question-begging from feminist advocates.

A common theme has been the alleged negative impact of the verdict on “survivors”. Canada’s state broadcaster, the CBC, titled an article “Hockey Canada trial outcome a ‘crushing day’ for sexual assault survivors, says prof“. The Globe and Mail had the same focus: “After the Hockey Canada verdict, advocates fear survivors will fall silent“. For CTV News, also, “Advocates worry about message to survivors following Hockey Canada sex assault trial“. It seems that any not-guilty finding — no matter the accuser’s proven lies and venality — is said to constitute an assault on rape victims everywhere.

Our era’s motto: Better 100 innocent men go to prison than one potential accuser hesitate to come forward.

Many commentators also gushed about the courage of the woman, still identified only as E.M., who took the witness stand to proclaim her truth. E.M.’s lawyer, Karen Bellehumeur, called her “a remarkable person and truly a hero“. Professor Daphne Gilbert credited E.M. with provoking important public conversations at enormous personal cost. Supporters on the courthouse steps carried signs saying “We believe E.M.”

It’s hard to fathom that those declaring their anguish at the verdict and their admiration for E.M. have actually read Judge Carroccia’s 90-page judgement.

That judgement, far from revealing the judge’s failure to understand E.M.’s fear, as one feminist organization alleged, should cause any unbiased observer to question how the case was ever allowed to go to trial in the first place.

It had been found to be a loser when police first looked into it back in 2018. The story was that E.M. had met a hockey player, Michael McLeod, at Jake’s Bar in London, Ontario; McLeod was in town with his team to celebrate their World Junior Championship victory at a ring ceremony and gala dinner. E.M. agreed to go back to McLeod’s hotel room, but once there, he invited many other players to the room, where they took turns sexually assaulting her. She went home crying, and when her mother asked her what had happened, she told her. Her mother called the police.

The problem was that the complainant’s story was full of holes. Questioned by investigators in the days following, she couldn’t say she hadn’t consented, confessed that she may have enjoyed the sexual attention of the players, admitted she could have left the hotel room at any time, and never mentioned fear or intimidation as factors in her actions. London police closed the case in early 2019 without laying any charges. Over time, it seems, E.M. constructed a more compelling story to explain herself in a way that would be acceptable to her mother and to E.M.’s boyfriend.

In 2022, a police investigation was reopened after it was reported that Hockey Canada, the sport’s national governing body, had paid out millions in settlement money to women like E.M. who had alleged sexual misconduct on the part of players. E.M. herself received an undisclosed settlement amount in 2022 after suing for 3.5 million dollars.

Charges were ultimately laid, in early 2024, against five men, all of whom had by then launched careers in the National Hockey League: Dillon Dubé, Alex Formenton, Carter Hart, Callan Foote and Michael McLeod. Their NHL careers are now in tatters while their accuser has enriched herself with a false accusation.

August 1, 2025

Australia saw Britain’s awful Online Safety Act and said “hold my beer”

Filed under: Australia, Government, Law, Liberty, Media, Technology — Tags: , , , , , , — Nicholas @ 05:00

In The Freeman, Nicole James discusses how Australia’s attempt to protect young, innocent eyes from the terrors of the internet seems to be having all kinds of unforeseen impacts on adults:

Commonwealth Coat of Arms of Australia (1912).
Quarterly of six, the first quarter Argent a Cross Gules charged with a Lion passant guardant between on each limb a Mullet of eight points Or; the second Azure five Mullets, one of eight, two of seven, one of six and one of five points of the first (representing the Constellation of the Southern Cross) ensigned with an Imperial Crown proper; the third of the first a Maltese Cross of the fourth, surmounted by a like Imperial Crown; the fourth of the third, on a Perch wreathed Vert and Gules an Australian Piping Shrike displayed also proper; the fifth also Or a Swan naiant to the sinister Sable; the last of the first, a Lion passant of the second, the whole within a Bordure Ermine; for the Crest on a Wreath Or and Azure A Seven-pointed Star Or, and for Supporters dexter a Kangaroo, sinister an Emu, both proper.

Once upon a time, not so long ago, children roamed freely through the pixelated wilderness of the Internet, posting dog memes, finding kindred spirits in weird little corners of Tumblr, and learning how to contour like Kylie Jenner. It was all chaotic, noisy, and entirely normal.

Now? Well, welcome to Australia in 2025, where the new Online Safety Amendment (Social Media Minimum Age) Bill has galloped through Parliament like a runaway Shetland pony, banning under-16s from social media. This is a full-blown digital eviction. And the ban isn’t limited just to TikTok and Snapchat. It also extends to YouTube (yes, YouTube), where apparently autoplay is now considered a gateway drug.

And how will they enforce this sweeping national grounding? Age verification, of course. Potentially through facial recognition. Not for the kids, mind you; they’ll simply be locked out. It’s everyone else who’ll need to prove they’re not children. Because nothing says “welcome to adulthood” like having to scan your actual face just to post a birthday shoutout or watch a slow-cooker recipe reel. All to reassure a tech platform that you’re not a rogue 14-year-old with strong opinions and a ring light.

The bill’s spiritual mother, eSafety Commissioner Julie Inman Grant, who, fun fact, once interviewed for a job at the CIA to analyze serial killers, gave a passionate speech at the National Press Club called “Swimming Between the Digital Flags”. It sounded very beachy and breezy until you realized she meant regulatory flags, and not the ones you’d use at Bondi. Her point was clear: the online world is full of rips and sharks and emotional jellyfish, and children must be protected from being dragged under.

Which is noble. Obviously. But somewhere between “protect the kids” and “build a biometric panopticon”, the line got a little smeared.

And where, you might ask, were parents in all this? Sitting quietly in the back, apparently, while Canberra (Australia’s Washington, DC) appointed itself Mum, Dad, the school principal, and possibly even the family dog. Because this isn’t just about safety; it’s about who decides what kids can see, say, share, and, in the case of a few bold young TikTokers, lip-sync while delivering motivational speeches to two mildly traumatized budgies.

The idea behind the project is that children are being harmed online, and honestly, yes, some are. The Internet is not all kittens and cake recipes. But rather than investing in education or digital literacy, the government has opted for a full blackout. It’s like banning scissors because one kid snipped their fringe into a reverse mullet.

And here’s the kicker. The bill had a consultation period of just 24 hours. That’s less time than it takes to read the terms and conditions you just agreed to without reading. (Don’t lie, we’ve all done it.)

In that tight little window, more than 15,000 submissions were made, and while some were supportive, the vast majority sounded the alarm. LGBTQIA+ organizations warned of disconnected teens losing safe spaces. Indigenous advocates pointed out the risks of further digital exclusion. Psychologists, educators, digital rights groups, and even a Community Soccer Club raised concerns.

July 31, 2025

The intent of Britain’s Online Safety Act … and the actual implementation

Filed under: Britain, Government, Law, Liberty, Technology — Tags: , , , , , , , — Nicholas @ 03:00

In The Conservative Woman, Dr. Frederick Attenborough discusses the gap between what the Online Safety Act was intended to do and how it’s actually being enforced now that it’s the law of the land:

X posts like this may not be visible to uses in the UK under the age verification rules of the Online Safety Act.

At the heart of the regime is a requirement to implement “highly effective” age checks. If a platform cannot establish with high confidence that a user is over 18, it must restrict access to a wide category of “sensitive” content, even when that content is entirely lawful. This has major implications for platforms where news footage and political commentary appear in real time.

Ofcom’s guidance makes clear that simple box-ticking exercises, such as declaring your age or agreeing to terms of service, will no longer suffice. Instead, platforms are expected to use tools such as facial age estimation, ID scans, open banking credentials and digital identity wallets.

The Act also pushes companies to filter harmful material before it appears in users’ feeds. Ofcom’s broader regulatory guidance warns that recommender systems can steer young users toward material they didn’t ask for. In response, platforms may now be expected to reconfigure their algorithms to filter out entire categories of lawful expression before it reaches underage or unverified users.

One platform already moving in this direction is X. Its approach offers a revealing – and potentially sobering – glimpse of where things may be heading. The company uses internal signals, including when an account was created, any prior verification, and behavioural data, to estimate a user’s age. If that process fails to confirm the user is over 18, he or she is automatically placed into a sensitive content filtering mode. As the platform’s Help Center explains: “Until we are able to determine if a user is 18 or over, they may be defaulted into sensitive media settings, and may not be able to access sensitive media”.

This system runs without user opt-in and applies at scale. Depending on how X classifies it, filtered material may include adult humour, graphic imagery, political commentary or footage of violence. Already there are signs that lawful content is quietly being screened out.

One example came on July 25, the day the Act’s age-verification duties took effect, during a protest outside the Britannia Hotel in Seacroft, Leeds, where asylum seekers are being housed. A video showing police officers restraining and arresting a protester was posted on X, but quickly became inaccessible to many UK-based users. Instead, viewers saw the message: “Due to local laws, we are temporarily restricting access to this content until X estimates your age”.

West Yorkshire Police denied any involvement in blocking the footage. X declined to comment, but its AI chatbot, Grok, indicated that the clip had been restricted under the Online Safety Act due to violent content. Though lawful and clearly newsworthy, the footage was likely flagged by automated systems intended to shield children from real-world violence.

In The Critic, Christopher Snowdon explains the breakdown of trust between the British public and their government that the implementation of the Online Safety Act only exacerbates:

People are right to be concerned about this slippery slope and yet it cannot be denied that it is pornography enthusiasts who have been hardest hit by the Online Safety Act in the short term. They must now verify themselves in one of three ways, each less appealing than the last. They can submit their credit card details, they can scan in proof of ID, such as a passport, or they can take a photo of their face and allow AI to judge how old they are. If they want to maximise their chances of being the victim of blackmail and identity theft, they could do all three.

While we might not think twice about submitting our credit card details to Amazon or posting our photos on Instagram, there is an understandable reluctance to hand over private data in order to access dubious websites for the purposes of sordid acts of self-pollution. The government assures us that the data will be kept confidential but it is only two weeks since we learned about a data breach that led to the names of 19,000 Afghans who wanted to flee the Taliban being given to the Taliban and it is less than two months since the names and addresses of 6.5 million Co-op customers were stolen in a cyber-attack. Rightly or wrongly, millions of British plank-spankers and rug-tuggers do not wish to identify themselves to anybody.

The result is a surge in interest in Virtual Private Networks (VPNs) which allow internet users to access websites as if they were in a less censorious country. Half of the top ten free apps in Apple’s app download charts yesterday were for VPNs. Google Trends data show that searches for “VPN” have gone through the roof since Friday. Readers can draw their own conclusions from the fact that these searches have been peaking between midnight and 2am.

Downloading random VPNs comes with risks of its own and opens up a whole new world of illicit online activity from free Premier League football to the Dark Web. But there is a deeper reason to feel uneasy about this unintended, albeit predictable, consequence of paternalistic regulation. By driving another wedge between the state and the individual, it further normalises rule-breaking in a country where casual lawlessness is becoming part of daily life. A law-abiding society cannot long endure if the median citizen thinks that the law is an ass.

The breakdown of trust can be seen most clearly when the ordinary man or woman does not share the moral certainties of the governing class. Among smokers, a collapse in tax morale — the intrinsic motivation to pay taxes — has led to a huge rise in the consumption of illegal tobacco in recent years. Smokers no longer feel any obligation to pay taxes that are designed to impoverish them to a government that vilifies them. Cannabis smokers learn from an early age to be suspicious of a police force that they might otherwise respect. Motorists who are faced with 20mph speed limits that were introduced by people who hate private transport have no scruples about flouting the law.

July 29, 2025

“The free and open internet has now ceased to exist in the UK”

Filed under: Government, Law, Liberty, Media, Politics — Tags: , , , , , , — Nicholas @ 04:00

Britain, like Canada, has been moving toward a less free internet experience for ordinary users, the key bit of legislation in the UK being the Online Safety Act, which like Canada’s proposed Online Harms Act, provides tools to the government to clamp down on online activities they deem “unsafe”:

The free and open internet has now ceased to exist in the UK. Since Friday, anyone in Britain logging on to social media will have been presented with a censored, restricted version – a “safe” internet, to borrow the UK government’s language. Vast swathes of even anodyne posts are now blocked for the overwhelming majority of users.

The Online Safety Act was passed by the last Conservative government and backed enthusiastically by Labour. Both parties insisted it is necessary to protect children. Supposedly, its aim is to shield them from pornography, violence, terrorist material and content promoting self-harm. Age-verification checks, we were assured, would ensure that children would not be exposed to inappropriate content, but adults could continue using the internet as they please. Yet as we have seen over the past few days, on many major tech platforms, UK-based adults are being treated as children by default, with supposedly “sensitive” content filtered from everyone’s view.

Predictably, what is deemed “sensitive” and therefore censored goes well beyond pornography and obviously illegal or adult material. Already UK users of X have been blocked from viewing footage of an anti-asylum protest, a tweet calling for single-sex spaces and a video of a speech in parliament on the grooming-gangs scandal. Historical trivia, such as a thread on Richard the Lionheart, and classic artworks like Goya’s Saturn Devouring His Son have been shielded by the tech censors. A thread on X of examples of what has been censored under the Online Safety Act, collated by Benjamin Jones of the Free Speech Union, has itself been partially censored due to the Online Safety Act. Open, political debate online is now a thing of the past.

When the Online Safety Act was first put before parliament, supporters from all parties insisted that fears about its impact on free speech were overblown. “The worst misrepresentation I’ve heard is that the [Online Safety Act] will force tech companies to censor legal social-media posts”, insisted Chris Philp, the then minister for tech and digital economy, now the shadow home secretary, back in 2022. Anyone who warned that this vast new architecture of online speech regulation was obviously going to curtail free speech was presented as a friend of paedophiles, terrorists or the far right. This gaslighting was kept up right until the point the age filters were implemented. “The UK’s online safety regime is here. Will anybody notice?”, asked Politico the day before much of the internet disappeared. The Guardian, on the same day, pondered whether the new rules would be censorious enough.

Despite my financial plight, I’d been considering getting a VPN subscription in advance of the Canadian government getting some version of the Online Harms Act onto the books. Clearly many Brits had already gone that route, and the British government reacts with the care and subtlety one would expect:

Crimes less serious than “Mischief” according to Canadian courts

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

In the National Post, Tristin Hopper notes that the sentences being sought for Freedom Convoy 2022 organizers Tamara Lich and Chris Barber are more severe than prosecutors have asked for what appear to be far more serious crimes:

Chris Barber and Tamara Lich

Last week, Crown prosecutors announced they were seeking jail sentences of up to eight years for Tamara Lich and Chris Barber, two organizers of the Freedom Convoy protest.

Both were convicted of mischief, but the Crown is seeking a minimum sentence of seven years in jail for Lich, and eight for Barber, who was also found guilty of counselling others to disobey a court order.

The Crown has argued that the disruptiveness of the Freedom Convoy blockades warrants the harsh sentence, but in a statement this week, Conservative Leader Pierre Poilievre said courts are throwing the book at Barber and Lich while simultaneously giving free reign to “rampant violent offenders” and “antisemitic rioters”.

It’s certainly the case that you can do an awful lot of heinous things in Canada before a prosecutor would ever think of asking for seven years. Below, a not-at-all comprehensive list of things you can do in Canada, and have the Crown seek a lighter sentence than the one they’re seeking for the organizers of the Freedom Convoy.

  • Sexually assaulting a baby [5 to 6 years]
  • Using a car filled with guns to ram into Justin Trudeau’s house [6 years]
  • Killing multiple innocent people via drunk driving [5 years]
  • Stabbing a man to death because he told you to stop abusing your girlfriend [5 years]
  • Being a police officer who stalks and sexually harasses crime victims [6 months]
  • Amassing enough child pornography to fill a video store [3 and a half years]
  • Torturing a toddler to death [7 to 8 years]
  • Intentionally ramming a car loaded with children and pregnant women [8 years]
  • Beating a fellow homeless shelter resident to death [5 and a half years]
  • Raping a minor and bragging about it online [4 to 5 years]

July 22, 2025

Age verification schemes are just another attempt to control everyone’s internet usage

Filed under: Britain, Government, Law, Technology — Tags: , , , , , , — Nicholas @ 03:00

Marian Halcombe is specifically discussing the British age verification provisions of their Online Safety Act, but similar schemes are popping up all over the west, and they’re only pretending to be about protecting young people from online content:

“Privacy” by g4ll4is is licensed under CC BY 2.0 .

The British State, in its infinite filth and hypocrisy, would like you to believe that it is deeply concerned about what you do with your penis. Or more precisely, what you look at while your hand is on it. The latest wheeze — part of the Online Safety Act — is mandatory age verification for all pornographic websites. We’re told it’s to stop children from seeing naughty videos. In reality, it’s a spyware regime disguised as child protection, devised by a ruling class that snorts coke with one hand while signing surveillance warrants with the other.

Let’s start with the pretence. No one in Westminster cares what children watch online. These are the same people who presided over the industrial-scale rape of working-class girls in Rotherham, Telford, Rochdale, and elsewhere — refusing to intervene for fear of “racism”. The idea that they now lie awake worrying about a Year Eight boy glimpsing a MILF thumbnail on Pornhub is an insult to the intelligence. They don’t care about children. They care about you.

The age-verification scheme isn’t just about proving you’re eighteen. It’s about linking your name and your age, and your IP address to your viewing habits. Whether it’s ID upload or facial recognition or some third-party database, the outcome is the same: a digital file that knows what you watch and when you watch it.

In a normal country, this would be recognised as deeply perverse. In ours, it’s dressed up as safety. The State that can’t fix the trains, that can’t keep the hospitals clean, now wants the power to log whether you’re big-enders or little-enders. And all under the banner of protecting the kiddies.

Yes, of course it’s technically possible to anonymise verification. But only if you believe that governments, regulators, and their corporate collaborators are incapable of abuse. That’s a belief I do not share. This is the same British government that let GCHQ harvest your webcam feeds and your phone calls under the TEMPORA programme. You didn’t vote for that. You weren’t told about it. You found out because Edward Snowden blew the whistle.

Do you really think the same regime won’t take an interest in which adult videos you watch? Anyone with an ounce of memory knows how this goes. Every intrusive policy begins with “think of the children”. The Video Recordings Act. The Dangerous Dogs Act. The Terrorism Act. And now the Online Safety Act. Once the infrastructure is in place, it never stays limited to its original purpose.

The definition of “harmful content” is vague for a reason. It can grow. It can stretch. Today it’s Pornhub. Tomorrow it’s Twitter. Then it’s dissident blogs, pro-life websites, or even a dodgy meme about immigration statistics. In the end, the target isn’t porn — it’s dissent.

July 17, 2025

A renewed push to ban AfD from contesting elections in Germany

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

eugyppius updates us on the state of play as the various smaller parties in Germany try to ban Alternative für Deutschland (AfD) which had risen from fringe status to being the most popular political party after the last federal election:

I’m far from a sensationalist, and I’ve repeatedly discounted the likelihood of an AfD ban – not least because the German establishment and the left in particular have good reasons to keep the AfD around. Lately, however, I’ve begun to appreciate that there are deeper, systemic forces working against the AfD in this case. These forces are beyond anybody’s control and if nobody does anything, they may well end in political catastrophe that is much bigger than any single party.

Since the end of the Merkel era, the German left has become thematically scattered, and so they have retreated to the only coordinating issue the German left has ever had, which is hating the right. As climatism started to fade, the social welfare state exceeded its limits and mass migration went sour, AfD bashing became the sole unifying principle for much of the SPD, Die Linke and the Greens. Hating the right is particularly important because it keeps leftist politicians and their activist class on the same page. Without a crusade against the right, a great chasm opens between the antifa thugs who want to smash the state and destroy capitalism on the one hand and the schoolmarm leftoid establishment functionaries in the Bundestag who want to mandate gender-neutral language for the civil service on the other hand. What is more, the firewall against the AfD splits the right and keeps the shrinking left in government. It is a win-win for leftoids everywhere.

Recent events, however, show why things cannot continue as they are now indefinitely. Over time, our Constitutional Court will begin to fill with leftist justices supported by the left parties, who like the rest of the left will also want to ban the AfD. Brosius-Gersdorf and Kaufhold are omens here. Right now the system is held in perfect balance; the left talks a big game about wanting to stamp out the AfD, but they can always justify their hesitation by saying the outcome of ban proceedings is too uncertain. When the necessary judicial majority for an AfD ban is finally secured in Karlsruhe, everything changes. At that point, there will be no excuse for not proceeding with a ban. The activists and the NGOs will take to the streets if their political masters in Berlin don’t begin the process. The CDU will be brought around by media smear campaigns and antifa intimidation.

Keep in mind that this is not about the AfD, but about imperatives within the left itself. No amount of moderation, polite messaging or triangulation on the part of the AfD can get the left to stop or pursue other goals. Unless some exogenous force introduces a new unifying obsession for the left parties and their activists, they will never stop gnawing on this particular chew toy.

Practically, this probably means that the AfD has an expiration date. If they can’t get into government at the federal level and if nothing else changes, they will find themselves facing ban proceedings before a court stacked with leftists who hate them in the next 10 or 15 years. The federal elections in 2029 seem like the last opportunity to normalise the AfD before this final escalation.

People in the CDU need to realise how serious this is, because their fate hangs in the balance as much as the fate of the populist opposition to the right of them. It is absolutely necessary that they break the firewall and enter some kind of arrangement with the AfD before it is too late. It doesn’t matter how much the press freaks out. It doesn’t matter how many violent antifa thugs take to the streets. It doesn’t matter how many party headquarters the leftists invade and vandalise. The firewall will fail in one direction or the other, and if it fails with an AfD ban, we are all in very deep shit.

July 10, 2025

Mandatory online age verification

Filed under: Bureaucracy, Business, Cancon, Government, Law, Media, Technology — Tags: , , , , , , , — Nicholas @ 04:00

Michael Geist discusses the rush of the Canadian and other governments in the west to try to impose one-size-fits-all age verification schemes on the internet:

The Day I Knew I Was Old 😉 by artistmac CC BY-SA 2.0

When the intersection of law and technology presents seemingly intractable new challenges, policy makers often bet on technology itself to solve the problem. Whether countering copyright infringement with digital locks, limiting access to unregulated services with website blocking, or deploying artificial intelligence to facilitate content moderation, there is a recurring hope the answer to the policy dilemma lies in better technology. While technology frequently does play a role, experience suggests that the reality is far more complicated as new technologies also create new risks and bring unforeseen consequences. So too with the emphasis on age verification technologies as a magical solution to limiting under-age access to adult content online. These technologies offer some promise, but the significant privacy and accuracy risks that could inhibit freedom of expression are too great to ignore.

The Hub runs a debate today on the mandated use of age verification technologies. I argue against it in a slightly shorter version of this post. Daniel Zekveld of the Association for Reformed Political Action (ARPA) Canada makes the case for it in this post.

The Canadian debate over age verification technologies – which has now expanded to include both age verification and age estimation systems – requires an assessment of both the proposed legislative frameworks and the technologies themselves. The last Parliament featured debate over several contentious Internet-related bills, notably streaming and news laws (Bills C-11 and C-18), online harms (Bill C-63) and Internet age verification and website blocking (Bill S-210). Bill S-210 fell below the radar screen for many months as it started in the Senate and received only cursory review in the House of Commons. The bill faced only a final vote in the House but it died with the election call. Once Parliament resumed, the bill’s sponsor, Senator Julie Miville-Dechêne, wasted no time in bringing it back as Bill S-209.

The bill would create an offence for any organization making available pornographic material to anyone under the age of 18 for commercial purposes. The penalty for doing so is $250,000 for the first offence and up to $500,000 for any subsequent offences. Organizations can rely on three potential defences:

  1. The organization instituted a government-approved “prescribed age-verification or age estimation method” to limit access. There is a major global business of vendors that sell these technologies and who are vocal proponents of this kind of legislation.
  2. The organization can make the case that there is “legitimate purpose related to science, medicine, education or the arts”.
  3. The organization took steps required to limit access after having received a notification from the enforcement agency (likely the CRTC).

Note that Bill S-209 has expanded the scope of available technologies for implementation: while S-210 only included age verification, S-209 adds age estimation technologies. Age estimation may benefit from limiting the amount of data that needs to be collected from an individual, but it also suffers from inaccuracies. For example, using estimation to distinguish between a 17 and 18 year old is difficult for both humans and computers, yet the law depends upon it. Given the standard for highly effective technologies, age estimation technologies may not receive government approvals, leaving only age verification in place.

July 8, 2025

The dangers of whiplash when “the narrative” suddenly changes

Filed under: Government, Law, Media, Politics, USA — Tags: , , , , , — Nicholas @ 04:00

I’ve never been to Los Angeles, although I did spend a couple of weeks working in the San Francisco area a few decades back, so I’m inclined to think Chris Bray is reporting closer to the objective reality than most of the mainstream media are doing:

Federal agents raided MacArthur Park in Los Angeles today, and that’s shocking! It’s HORRIBLE! Why on earth would they do that?!?!?!? (MY GOD, THEY WERE EVEN ARMED!)

Also, here’s local NPR station KCRW, a very few months ago:

Opening paragraphs:

    For more than a century, MacArthur Park, just west of Downtown Los Angeles, has been an urban oasis for residents of the surrounding Westlake District and the wider city. But in recent years, MacArthur Park has also become synonymous with fentanyl, the synthetic opioid that can be 50 times more powerful than heroin. Open fentanyl abuse is now so common, the drug might as well be an unofficial symbol of the park.

    Scenes of fentanyl abuse, and what it does to the body and mind, are everywhere, with people passed out or staring dead-eyed as they clutch drug pipes and small containers of fentanyl residue.

More recently, the Los Angeles County DA’s office announced a bunch of felony indictments for an aggressive retail theft ring that used MacArthur Park to recruit and organize its army of professional thieves:

    LOS ANGELES — Los Angeles County District Attorney Nathan J. Hochman announced today that Blanca Escobar has been charged with receiving over $350,000 in stolen merchandise from retailers including Target, Macy’s, TJ Maxx, CVS, and Walgreens at her business near MacArthur Park.

    “This case is an important step toward cleaning up MacArthur Park, a community that has long struggled with crime and safety concerns,” District Attorney Hochman said. “Combating organized retail theft in close partnership with LAPD and other law enforcement is a priority for my administration. My office will vigorously prosecute this case and send an unmistakable message to criminals: Retail theft will not be tolerated under my watch.”

Note that the DA called the indictments “an important step toward cleaning up MacArthur Park”. Why? Why did prosecutors think MacArthur Park needs cleaning up?

June 24, 2025

Fandom Has Always Been UNHINGED

Filed under: Books, History, Law, Media — Tags: , , , , , , — Nicholas @ 04:00

Jill Bearup
Published 23 Jun 2025

Listen, nobody asked for a history of fanfiction but here we are regardless. From Helen of Troy fix-it fic to Holmes fans unsubscribing en masse when the detective was killed in The Final Problem, fandom has always been this chaotic, and fanfiction has always been with us. In one form or another.

00:00 Did you ask for this? Nah.
01:20 Ancient authors ripping off other ancient authors
03:06 Virgil was a Homer fanboy
04:10 Dante was a Virgil fanboy
05:18 Don Quixote and the Case of the Unauthorised Sequel
08:01 The Statute of Anne
12:35 Gulliver’s Travels NSFW fanart
14:40 Geniuses and Originality
16:51 The Berne Convention
17:20 Character Vibes are not Copyrightable
20:46 The First Modern Fandoms (were Genuinely Unhinged)

Link to Der Spiegel article on copyright and innovation: https://www.spiegel.de/international/…

June 5, 2025

German judges seem to be dedicated to ensuring that the government never changes policy, regardless of voter preference

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

The times I despair of the pathetic Canadian government, I look to Germany where eugyppius helpfully explains that German judges are even more dedicated to thwarting the will of the voters than Canadian judges are (and that’s a major achievement):

“German flag” by fdecomite is licensed under CC BY 2.0 .

At the start of May, CSU Interior Minister Alexander Dobrindt effectively abolished asylum as a path into Germany, empowering federal police to push back all illegal migrants at our national borders.

There ensued a period of messaging chaos, in which Chancellor Friedrich Merz assured our neighbours and the EU that nothing much was happening, while Dobrindt quietly insisted that yes, indeed, he was serious. He gave police orders to step up border checks and to send back all illegal migrants regardless of asylum claims – save for pregnant women, the underage and the sick.

These new borders policies have yet to exercise any significant influence on asylum statistics. It is relatively easy to cross into Germany despite the police spot checks, and we don’t yet know how many asylees are managing to evade them.

The deeper legal issues are much more significant right now. We want to know whether Dobrindt’s intervention is workable in theory, and whether our judges will swallow it. Unfortunately, he is already under siege from asylum advocates on the left and the broader migration industry, who have set and sprung a very telling trap, with the aim of getting courts to overturn even these preliminary and quite meagre interventions.

To understand the issues here, we need a brief legal primer: According to German law (the so-called Asylgesetz), foreigners who enter Germany from “secure” states do not get to claim asylum. They are to be sent straight back to wherever it is they came from. Because Germany is surrounded entirely by secure states, that should really be the end of this insane problem. Alas, this sensible law has been superseded since 1997 first by the Dublin Convention, and later by the Dublin II and now the Dublin III Regulation. The latter forbids the Federal Republic from using her own laws, holding that foreigners entering Germany from secure third states must be welcomed pending a procedure to establish which EU member state is actually responsible for them. Effectively, this means that almost all of these aspiring asylees remain in Germany indefinitely, because deporting people who do not belong here is beyond the meagre capacities of our enormous bureaucracy.

Dobrindt sought to get around Dublin by appealing to Article 72 of the Treaty on the Functioning of the European Union (TFEU), which allows member states to set aside EU regulations when this is necessary to maintain order and security.

Many have eyed this Article 72 strategy for a long time, but nothing is easy, particularly not in countries unduly enamoured of “the rule of law”, which is a lofty euphemism for “the rule of obscure crazy people in robes for whom nobody ever voted and who enjoy lifetime appointments”. These days the government cannot do anything at all except what it was already doing (and sometimes not even that), or unless it is obviously stupid, expensive and inadvisable, because lurking around every corner is a clinically insane judge eager to explain why sensible things are not allowed. In recent years, our extremely learned and far-sighed judiciary has explained why combating climate change is anchored in the German constitution and why basically everybody is entitled to exorbitant social welfare. All that remains for them is to explain why everybody on earth is also entitled to live in Germany and draw benefits from the state, and they will have completed their suicidal triad.

On Monday, 2 June, the Berlin Administrative Court struck the first blow in this direction. Effectively, they called the whole basis for Dobrindt’s new border policy into question, issuing what amounts to a preliminary injunction in the case of three Somalis (two men and one woman) who had crossed from Poland into Germany on 9 May. Federal police intercepted the trio at the train station in Frankfurt an der Oder; they claimed asylum and the police, in line with Dobrindt’s order, sent them back to Poland anyway. Lawyers from the advocacy organisation Pro Asyl then helped them bring suit in Berlin, and the court intervened in their favour. They get to be professional asylees in Germany now.

May 31, 2025

“U.S. libertarians [are] the best friends Canada doesn’t know it has”

Filed under: Cancon, Economics, Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 03:00

In the National Post, Colby Cosh sings the praises of American libertarians for their work in trying to dismantle some of Donald Trump’s dubiously Constitutional extensions of presidential power:

The James L. Watson Court of International Trade Building at 1 Federal Plaza in Lower Manhattan, New York City.
Photo by Americasroof via Wikimedia Commons.

The U.S. Court of International Trade (CIT) issued a decision Wednesday that annuls various salvos of surprise economic tariffs, including ones on Canada, that have been enacted by President Donald Trump since his inauguration in January. I won’t lie to you: I had the same initial reaction to this consequential news that you probably did, which was “Hooray!” and then “Huh, there’s a U.S. Court of International Trade?”

This court is surely unfamiliar even to most Americans, no doubt because much of its work involves settling issues like “Do hockey pants count as ‘garments’ or ‘sports equipment’ under customs law?” Nevertheless, the CIT does have exclusive jurisdiction over civil actions involving U.S. trade law. It’s just that no president has ever before rewritten the tariff schedule of the republic in the half-mad fashion of a child taking crayons to a fresh-painted wall.

The American Constitution, from day one, has unambiguously assigned the right to set international tariffs to Congress. Congress is allowed to delegate its powers to the president and his agents for limited or temporary purposes, but it can’t abandon those powers to him altogether. Defining this legal frontier is what the CIT was asked to do, and their demarcation of it will now swim upward through higher appellate courts (its decision has been put on hold in the meantime).

The lawsuit was actually two parallel suits raising overlapping objections to the tariffs. One was brought forward by 12 U.S. states, and the other was filed by a group of tariff-exposed American businesses, including manufacturers of bikes, electronics kits and fishing equipment. The latter set of plaintiffs was roped together by the usual posse of heroic libertarians and legal originalists, including George Mason University law prof Ilya Somin.

About 24 hours after Trump originally announced the “Liberation Day” worldwide tariffs, Somin quickly blogged about how insanely unconstitutional the whole idea was, and concluded his article essentially by saying “I’m darn well gonna do something about this nonsense”. I don’t mean to suggest he deserves primary credit; I only intend to call attention, once again, to U.S. libertarians being the best friends Canada doesn’t know it has.

May 22, 2025

Lucy Connolly, political prisoner

Filed under: Britain, Government, Law, Liberty, Media, Politics — Tags: , , , , — Nicholas @ 04:00

I’m no firebrand on social media — I’d probably have a lot more followers if I were — but I can easily imagine a situation like the one that got Lucy Connolly sent off to the British gulags for an ill-judged social media post:

In what has become an emblematic case of the UK’s betrayal of free speech, Lucy Connolly has now lost her appeal for early release. This mother and childminder had posted an offensive tweet in the direct aftermath of the Southport murders, in which a psychopath brutally attacked children with a knife at a yoga class. She had believed the false claim that the perpetrator was an asylum seeker, and written online that she had no objection to people burning down hotels where immigrants were residing.

The tweet was taken as evidence that Connolly had intended to “stir up racial hatred” and incite violence during the febrile climate of the summer riots. It had been deleted within hours, no violence occurred as a result, and yet she was sentenced to 31 months in prison. Given that the severity of Connolly’s sentence was doubtless related to unofficial government pressure on the judiciary, many have made the case that Connolly is a political prisoner.

For all our shared revulsion at the tweet, we must remember that we are still talking here about words, not actions. It was completely right that Philip Prescott, a man who attacked a mosque as part of a mob during the riots, was sentenced to 28 months in jail. But Connolly has received an even longer sentence having committed no acts of violence at all. Many rapists and paedophiles have been treated far more leniently. I know of no sound argument that could possibility justify this state of affairs. It is the very definition of two-tier justice.

Let’s get the caveats out of the way. Nobody is defending what Connolly wrote. It was unpleasant, rash, misjudged, and much else besides. Here is the post in full.

Grim stuff. But it by no means fulfils any serious definition of incitement to violence. For one thing, she is not calling on hotels to be torched, but is rather making clear that she would not care if that occurred. This distinction is key, but has been overlooked. Moreover, Connolly has zero influence or clout. It is not as though anyone reading this could have taken it as an instruction or order and acted accordingly. Those wishing to appreciate the full context of why Connolly behaved as rashly as she did should read this excellent piece by Allison Pearson for The Telegraph.

It should go without saying that in a free society some people are going to say ghastly things. That’s the price we pay for liberty. The judge in this case made a statement in his ruling that has been widely interpreted as political: “It is a strength of our society that it is both diverse and inclusive. There is always a very small minority of people who will seek an excuse to use violence and disorder causing injury, damage, loss and fear to wholly innocent members of the public and sentences for those who incite racial hatred and disharmony in our society are intended to both punish and deter.”

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