Quotulatiousness

December 13, 2013

Australian territory’s gay marriage law struck down by High Court

Filed under: Australia, Law, Liberty — Tags: , , , — Nicholas @ 08:01

The Australian Capital Territory attempted to make gay marriage legal within its borders despite federal law prohibiting same-sex marriages being recognized. The Australian High Court decided yesterday that the territory cannot override federal law on this issue:

The ACT legislation had allowed gay couples to marry inside the ACT, which includes the Australian capital, Canberra — regardless of which state they live in.

Federal law, however, specified in 2004 that marriage was between a man and a woman.

Civil unions are allowed in some states in Australia.

The High Court in Canberra ruled unanimously against the ACT legislation on Thursday, saying that it could not stand alongside national-level laws.

“Whether same sex marriage should be provided for by law is a matter for the federal parliament,” it said in a statement.

“The Marriage Act does not now provide for the formation or recognition of marriage between same-sex couples. The Marriage Act provides that a marriage can be solemnised in Australia only between a man and a woman,” it added.

Attorney-General George Brandis had previously warned that the local law would face a legal challenge, because it was inconsistent with the country’s Marriage Act.

December 10, 2013

Manufacturing crime

Filed under: Government, Law, USA — Tags: , , , , — Nicholas @ 11:56

Charles Cooke on the ATF working hard to create new criminals through elaborate entrapment schemes:

The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is probably best known these days for the failure of its disastrous Fast and Furious scheme — a botched initiative that aimed to give American guns to Mexican cartels first and to ask questions later. Under pressure, the administration was quick to imply that the mistake was an aberration. But a watchdog report, published last week by the Milwaukee Journal Sentinel, suggests that the caprice, carelessness, and downright incompetence that marked the disaster was no accident. In fact, that it is endemic in the ATF.

After a bungled sting attracted the suspicion of the Milwaukee press earlier this year, reporters started to examine similar enterprises in the rest of the country. What they found astonished them. Among the tactics they discovered ATF agents employing were using mentally disabled Americans to help run unnecessary sting operations; establishing agency-run “fronts” in “safe zones” such as schools and churches; providing alcohol, drugs, and sexual invitations to minors; destroying property and then expecting the owners to pick up the tab; and hiring felons to sell guns to legal purchasers. Worse, perhaps, in a wide range of cases, undercover agents specifically instructed individuals to behave in a certain manner — and then arrested and imprisoned them for doing so. This is government at its worst. And it appears to be standard operating procedure.

As with Fast and Furious, the primary objective of the ATF’s stings seems not to be to fight a known threat but instead to manufacture crime. Across the country, the agency has set up shops in which it attempts to facilitate or to encourage illegal behavior, and it has drafted citizens into the scheme without telling them that they were involved. It is fishing — nonchalantly, haphazardly, even illegally. And the consequences can go hang.

[…]

At best the ATF’s new techniques constitute illegal entrapment. At worst, they are downright tyrannical. Entrapment is legally permitted if a suspect initiates a crime in the presence of an undercover agent or if he can reasonably be deemed to have been predisposed to commit the crime when offered an opportunity to do so. But it is difficult to see how either of these tests is being met in the Bruner case or in others. Indeed, cases using entrapment are often thrown out of court if the government is seen to have put too much pressure on a suspect or to have made breaking the law so easy or attractive as to render restraint impossible. Per the paper’s report, ATF tactics involved offering ridiculous prices for firearms to attract straw purchasers, requesting that suspects buy specific firearms that carry tougher sentences, or, as it did in one case, showing a known felon how to saw off a shotgun so that they could charge him with a more serious violation when he did it. Will anyone claim that these tactics are legal?

That they are immoral, too, needs less spelling out. Because no formal arrangements were made with the individuals whom the agency selected for involuntary cooperation, there were no means by which they could claim protection for their behavior after the fact. In other words: The federal government knowingly ruined their lives without telling them. And for what? Well, apparently to try to pick low-hanging fruit.

Equal rights does not mean “having the power to compel others against their rights”

Filed under: Food, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:11

In the latest Libertarian Enterprise, L. Neil Smith talks about a case in Colorado where a judge has decided that the rights of a gay couple are superior to the rights of a baker who refused to create a wedding cake for them:

They picked the wrong baker — although a local radio talk show host contends that they deliberately shopped around for a baker who would react this way — a Christian who believes that homosexuality is immoral. He told them he would be happy to sell them any other bakery goods. But he refused to create a wedding cake with two guys on the top.

Keep a mental eye on that word “create”; we’ll get back to it.

To make a short story shorter, the matter (it can’t properly be called a “dispute”, since nobody has a right to dispute another person’s private convictions before the law — that’s what America is supposed to be about) was taken before this streetcorner judge, who ruled that the baker would damned well make the cake, as specificed, or suffer fines and jail. Henceforward, the bakery would be monitored to make sure that it humbly and abjectly serves the newly-privileged class.

Now here’s where the wires begin to get crossed. This publication, and its publisher, have never been particularly fond of Christianity. Without going too deeply into it, I think it has a stultifying effect on the human mind, and has been the cause of millions of unnecessary and cruel deaths over twenty centuries. I know that other folks hold otherwise, but I have never found it to be a true friend of individual liberty.

On the other hand, The Libertarian Enterprise and I have always championed gay marriage, or at least legal equality where marriage is concerned. Taking it to the most basic level, the taxes of gay people pay for the courthouse as surely as the taxes of those who are not gay.

On the third hand (as a science fiction writer, I can do that), if we live in any kind of decent culture at all — something that seems in greater doubt with every passing day — individuals have a right to their opinions, no matter how stupid they may be, to express them freely, and act on them as long as it doesn’t physically harm anybody else.

Equally, no right exists, on the part of any individual or of the government, to compel anyone to have a different opinion (although the technical means to do that are right around the corner — science fiction writer, remember?), or to express it or act on it against his will,

And here’s where that word “create” comes in.

December 6, 2013

The devil’s-in-the-details department: Obamacare and volunteer firefighters

Filed under: Bureaucracy, Law, USA — Tags: , , — Nicholas @ 13:38

Talk about unintended consequences! Jim Geraghty linked to a disturbing issue for many Americans, but especially for Pennsylvanians: the risk of losing some of their volunteer firefighters due to an Obamacare rule. Ninety-seven percent of Pennsylvania fire departments are at least partially staffed by volunteers … this could be a very serious thing indeed.

Great. Now Obamacare Is Going to Louse Up Your Local Firehouse…

They had to pass the law so you could see what’s in it. Kind of like Pandora’s Box.

With any luck, Obamacare won’t close down your local firehouse, just curtail emergency response activities:

    The International Association of Fire Chiefs has asked the Internal Revenue Service, which has partial oversight of the law, to clarify if current IRS treatment of volunteer firefighters as employees means their hose companies or towns must offer health insurance coverage or pay a penalty if they don’t.

    The organization representing the fire chiefs has been working on the issue with the IRS and White House for months.

    “It could be a huge deal,” said U.S. Rep. Lou Barletta, R-11, Hazleton, who is seeking clarification from the IRS. “In Pennsylvania, 97 percent of fire departments are fully or mostly volunteer firefighters. It’s the fourth highest amount in the country.”

    So far, the IRS hasn’t decided what to do.

    Efforts to reach spokesmen for the IRS were unsuccessful.

    Under the fire chiefs’ organization’s interpretation, the concern goes like this:

    The health care reform law, known officially as the Patient Protection and Affordable Care Act and derisively by Republicans as Obamacare, requires employers with 50 or more full-time employees to offer health insurance. Companies with fewer than 50 employees do not have to offer insurance. Full-time employees are defined as an employee who works 30 or more hours a week.

    Such employers who don’t offer health insurance must pay fines.

    The requirement is complicated by differing interpretations about the status of volunteer firefighters within the federal government. The Department of Labor, according to the fire chiefs group, classifies most volunteers as non-employees, but the IRS considers all volunteer firefighters and emergency medical personnel to be employees of their departments.

    “If the IRS classifies volunteer firefighters and emergency medical personnel as employees in their final rule, fire departments may be unintentionally forced to comply with requirements that could force them to curtail their emergency response activities or close entirely,” the chiefs’ group says on its website.

December 5, 2013

Happy Repeal Day!

Filed under: History, Law, Liberty, USA — Tags: , , — Nicholas @ 09:59

Eighty years ago today, the US finally repealed Prohibition. Baltimore’s own H.L. Mencken was among the first to publicly celebrate the demise of the hated legislation:

HL Mencken celebrates repeal of Prohibition, December 1933

Published on 5 Dec 2012

In honor of Repeal Day, which celebrates the end of America’s “noble experiment” in banning alcoholic beverages, Reason TV is happy to introduce you to George Cassiday, a man whose life and work should be taught to every schoolkid — and to every member of Congress hell-bent on legislating the nation’s morals.

From 1920 through 1930 — the thick of the Prohibition era — Cassiday supplied illegal liquor throughout the halls of Congress. Known as “The Man in the Green Hat,” Cassiday was the Capitol’s highest-profile bootlegger, with a client list that included senior members of the Republican and Democratic Parties. How instrumental was he to the D.C. power elite? He even had his own office in the House and Senate office buildings.

Cassiday gave up the liquor trade after his arrest in 1930, but gained notoriety by penning a series of front-page articles for The Washington Post about his days as Congress’ top bottle man.

Though he never named names, Cassiday’s stories detailed every aspect of his former business — and the depths of hypocrisy in Washington. By his own estimation, “four out of five senators and congressmen consume liquor either at their offices or their homes.” Appearing days before the 1930 mid-term elections, Cassiday’s revelations caused a national stir and helped sweep pro-Prohibitionist — and ostensibly tee-totaling — congressmen and senators out of power.

Today, with the rise of cocktail culture and prohibition-vogue in full swing, Cassiday’s life and legacy are being re-discovered. Through books such as Garrett Peck’s Prohibition in Washington, D.C.: How Dry We Weren’t to New Columbia Distillery’s Green Hat Gin, the remarkable story of George Cassiday — “The Man in the Green Hat” — is again being told.

Reason TV spoke with Cassiday’s son, Fred, author Garrett Peck, and New Columbia Distillery’s John Uselton to discuss George Cassiday and the end of Prohibition.

December 4, 2013

Prescription contraceptives

Filed under: Business, Law, Religion, USA — Tags: , , , , — Nicholas @ 09:31

Shikha Dalmia argues that the fight over forcing companies to cover contraceptive prescriptions is based on a mistaken view of women’s rights:

The administration argues that acquiescing to such arguments would mean allowing bosses or corporate CEOs to restrict women’s choices to promote their own religious beliefs. “Our policy is designed to ensure that health care decisions are made between a woman and her doctor,” noted White House spokesman Jay Carney. But it’s not bosses who pose the bigger barrier to birth control but doctors themselves.

The only reason American women need insurance coverage for contraception is because they can’t buy birth control pills without a prescription — which doctors won’t hand them without an annual exam. Few dispute anymore — not even the American College of Obstetricians and Gynecologists — that the pills are perfectly safe requiring neither a medical diagnosis nor supervision. They have side effects like every other medicine but none so serious that can’t be effectively communicated through the usual warning labels. Requiring a medical exam assumes that women can’t be completely trusted with their own health. But such paternalism is counterproductive: Most women who stop taking pills don’t do so because they can’t afford them without insurance. (A one-month generic supply from Costco costs $25.) They do so because they can’t always make the time for a doctor’s visit when their prescription runs out. This problem is especially acute for working women — professional or others.

The birth control issue shouldn’t be cast in terms women’s rights versus religious rights. That’ll turn it into a lose-lose proposition. Medical paternalism is a far bigger threat to women’s reproductive choices than religious zealotry. Focusing on the first will do more to give women control over their bodies — including the female employees of Hobby Lobby — than a pitched battle against the second.

November 29, 2013

“This bill isn’t a slippery slope. It’s a steep hill greased up with lard”

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 11:38

Brian Lilley is against a new bill that would provide the police with the power to demand that drivers submit to breath testing even when there’s no evidence that they’ve been drinking:

It’s the latest attempt to crack down hard on the ever-shrinking problem of drunk driving. The news release touting Bill C-556 states that, if passed, it would, “amend the Criminal Code to allow police officers to perform systematic random breathalyzer testing regardless of whether or not the driver shows signs of impairment.”

That means police don’t need a reason to give you a test.

They don’t need to see dilated pupils, smell booze on your breath or even have you admit you had a beer while watching the game.

The bill would give police a big increase in power and that’s not a step I want to take.

No one supports drunk driving, no one that I know anyway. And attempts to deal with the issue have largely been successful.

Statistics Canada is clear — drunk driving has been on the decrease for years now.

“The impaired driving rate generally declined from the mid-1980s to 2006, when it reached its lowest point in over 25 years, at 234 incidents per 100,000 population,” reads a report from the agency.

Back in the mid-80s there were roughly 600 incidents of impaired driving per 100,000 of population; in 2011 the Canadian average across all provinces and territories was 262 incidents per 100,000.

[…]

The Charter of Rights and Freedoms guarantees all Canadians are protected from unreasonable search and seizure.

This bill would shred that protection.

This bill isn’t a slippery slope. It’s a steep hill greased up with lard and those in favour of ever expanded police powers are just waiting for Parliament to step on it.

Canadians need to say no to drunk driving and they need to say no to this bill.

November 28, 2013

QotD: The gun-control debate

Filed under: Law, Liberty, Quotations, USA — Tags: , , , , — Nicholas @ 07:44

I begin rather skeptical of most gun-control proposals. The ones that are pitched in the aftermath of mass shootings are particularly cynical, as they often attempt to regulate circumstances unrelated to the shooting. I still grind my teeth at Mayors Against Illegal Guns running ads in my state citing the Virginia Tech shooting, and talking about the need to shut the “gun show loophole” — even though the shooter didn’t obtain his weapons at a gun show. These sorts of arguments strike me as one part craven opportunism, one part feel-good placebo. (I wanted to say “panacea,” but panacea actually means a genuine cure-all.)

If someone wants to propose a new restriction on gun ownership after a tragedy, and cites that tragedy as a reason to pass it, it’s necessary to show how that new restriction would have prevented, mitigated, or impacted that tragedy. For example, almost none of the gun laws proposed after Newtown would have changed much of anything in that awful shooting, as that disturbed young man stole his mother’s legally purchased guns.

I suppose there are two potential changes to the law that would have significantly altered events in Newtown. First, a total ban on private ownership of firearms, which our friends in the gun-control movement keep insisting isn’t their goal.

Second, a restriction on gun ownership by people who live under the same roof as a person who’s deemed mentally incompetent or a threat to himself or others. Of course, then you get into the questions of what constitutes, “mentally incompetent or a threat to himself or others,” what constitutes “under the same roof”, etc.

Then there are the proposals to limit how many rounds each gun can fire before reloading. Almost every spree shooter — we need a better term for this — has had more than one firearm when they’ve launched their attacks. Instituting 10-round limits would mean that future shooters would get off 20 shots before pausing to reload, presuming they only brought two guns. It’s reasonable to conclude future mass killers will just bring three or four guns when they begin their rampage. This strikes me as a quite modest mitigation in the danger of these shooters, too modest to seriously consider.

Jim Geraghty, “Why Post-Shooting Gun-Control Debates Are So Insufferable”, National Review Online, 2013-09-18

November 27, 2013

Some awkward questions about the Brixton “slaves”

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas @ 10:29

Brendan O’Neill goes through the “half-truths and wild claims” of the recent modern slavery story in Britain:

It was presented to us as another Fritzl-like horror, involving three ‘enslaved women’, at least one of whom had ‘spent her whole life in captivity’ and had ‘never seen the outside world’. Or it was Britain’s own version of the recent Cleveland, Ohio case, in which Ariel Castro kidnapped three women from the streets and shackled them to immoveable objects in his house where he abused them for 10 years. In fact, it was worse than Cleveland, suggested the Mirror, because where those American women only suffered for a decade, these British-based women went through a ‘30-year nightmare of captivity, servitude and unimaginable brutality’. It was, in a nutshell, the worst-ever case of hidden human enslavement, the papers told us. ‘No known victims have spent so long in captivity being brainwashed, beaten, manipulated and terrorised’, one said.

We now know that these claims about the so-called ‘Brixton slaves’ are, to use the only term that will suffice, bullshit. Everything that has subsequently come to light, everything that has unfolded in the six days since these ‘slaves’ were ‘rescued’ from some kind of one-time Maoist commune, has called into question the initial claims made by the police, the highly dramatised narrative imposed on these events by the media, and the hyperbolic descriptions of the case by politicians desperate to appear as modern-day William Wilberforces combatting the evils of ‘slavery’. Indeed, the key question that must now be asked is not ‘How did three women end up in a grim commune?’ (let’s leave that to the police), but rather: ‘Why did the entire British media and the political class, along with campaigners and the Twitterati, so willingly and gullibly buy a horror story that was not true?’

[…]

So almost everything we were told about the Brixton case has turned out either to be untrue or to have been wildly exaggerated or dramatised. These were not slaves. They were not held captive. They were not denied contact with the outside world. Rather, what we seem to be dealing with is, quite simply, a very, very eccentric household, in which various people came together, did and believed very strange things, developed an obsession with Mao and conspiracy theories about the British ‘fascist state’, and then ended up regretting it all — well, three of women seem to have regretted it. And so they left. Voluntarily. Without a struggle. It sounds like it was all very unpleasant; it seems clear emotional manipulation was involved and possibly physical force too (but let’s allow the courts to decide that). But slavery? Fritzl-style abuse? Hell, horror, unimaginable brutality? There is nothing remotely resembling evidence to show that anything like that occurred.

So why did the media, politicians, feminists and campaigners lap up this half-cooked, shrill, mostly baseless fantasy about slaves stuck in suburban jails in London? Because it spoke to their already existing prejudices; because it seemed to confirm the darker thoughts that lurk in their heads, about wicked men, vulnerable women, and the unspeakable things that happen in ‘ordinary houses on ordinary streets’; because it allowed them to feel, temporarily, like history-making moral crusaders against evil, and to hell with anything so pesky as a fact. Aneeta Prem, head of the Freedom Charity that assisted the women and drove much of the dramatic talk about ‘domestic servitude’ and ‘rescue’, yesterday said there was too much media frenzy around the case and ‘the more information there is that comes into the public domain, the more it will hamper [the women’s] recovery’. So there’s a problem with having too much information about this case? Why? Might it be because the information so dramatically contradicts the fantasy put about by Prem and others about a group of slaves having been held captive in London for three decades?

November 26, 2013

Never-let-a-crisis-go-to-waste department – the modern slavery bill

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas @ 09:11

Tim Worstall explains why the rush to legislate based on the public outrage over the most recent case of slavery is a bad idea that will have worse results:

I know that I shouldn’t giggle over such things but the revelation that the three “slaves” recently found were in fact the remnants of a Maoist commune well known to social services (indeed, housed by the local council) does provide a certain amusement as we see various leftish types suddenly running away from the story. However, now onto something a great deal more important. Theresa May and various campaigners are going to use this to try and pass an extremely bad law about modern slavery. And it’s worth our all complaining very loudly about this now, as the bill is being drawn up, not later when it is too late.

The problem is that there are two distinct meanings being conflated together for the convenience of the legislators, police, and media: I) sex slavery (which most people recognize as a terrible crime that should be prosecuted to the fullest extent of the law) and II) illegal immigration (which is not the same thing at all). By lumping the much larger number of type II cases in with the tiny number of type I, you get a big headline-friendly number to shock and energize the population who think you’re really talking only about type I cases.

As Operation Pentameter found out, after every police force in the country tried to search out and find sex slaves they found not one single case in the entire country that they were able to prosecute for the crime.

That is, the police went looking for slavery, type I definition of trafficking, while this foundation is using the type II definition of illegal immigration (or, to get to that 50% number, simply of immigration, legal or not).

Oh, and Eaves is involved. They were the people behind the Poppy Project. Which, laughably, claimed that evidence of foreign born women working in brothels in London was evidence of trafficking. Guess all those foreigners working in The City are slaves then, eh?

Just to make this entirely clear here. These campaigners (and that includes May here) are going to use our revulsion of the type I trafficking to pass extraordinarly severe laws against the type II stuff. Up to and including life imprisonment and confiscation of all financial assets. Yet it is only type I that is in fact slavery. Type II is more normally defined as the employment of an illegal immigrant.

Anyone really want life imprisonment for employment of an illegal immigrant? Someone who, entirely of their own volition, tried to make their lives better by breaking the law to come to this country is now going to be defined as a slave?

November 23, 2013

Houston – sex trafficking capital of the world (says Dallas newspaper)

Filed under: Law, Media — Tags: , , , — Nicholas @ 09:17

According to a Dallas newspaper, Houston is the focal point of a vast sex trafficking operation:

Check out this obvious crap — unbelievable to any thinking person — in the November 22 Dallas Morning News.

The Texas Senator and Representative that the paper apparently very credulously and obediently took notes from contend that there are 300,000 sex trafficking cases prosecuted every year — “in Houston alone.”

Here’s the quote from the Dallas Morning News editorial:

    Editorial: Cracking down on sex traffickers

    Two Texas Republicans, Sen. John Cornyn and Rep. Ted Poe of the Houston area, are co-sponsoring a bill that would impose stiff penalties on these adult victimizers of up to life in prison. The Justice for Victims of Trafficking Act, which has bipartisan support in both houses, would supplement an existing law that focuses primarily on punishing sex-trafficking organizations abroad.

    Poe and Cornyn estimate that one-quarter of U.S. sex-trafficking victims have Texas roots. Poe says our state’s proximity to Mexico and high immigrant population give the state a particularly high profile. In Houston alone, about 300,000 sex trafficking cases are prosecuted each year.

Do they work butt-drunk at this paper?

300,000? Do you realize how many people that is?

[…]

Of course, Houston’s population is only 2.161 million. So, throw in my fantasy guestimate of at least 200,000 uncaught and unpunished people guilty of sex trafficking on top of the 300,000 supposedly documented. This suggests that a vast segment of Houston’s population — at least 15 percent and maybe 25 percent — is engaged in the business of sex trafficking.

Math is hard.

November 17, 2013

QotD: Mixed drinks

Filed under: History, Law, Quotations — Tags: , , — Nicholas @ 14:45

If, as Philip Larkin observed not so long ago, the age of Jazz (not the same thing as the Jazz Age) ran roughly from 1925 to 1945, the age of the cocktail covered the same sort of period, perhaps starting a little earlier and taking longer to die away finally. The two were certainly associated at their inception. Under Prohibition in the United States, the customer at the speakeasy drank concoctions of terrible liquor and other substances added in order to render the result just about endurable, while the New Orleans Rhythm Kings or the Original Memphis Five tried to take his mind further off what he was swallowing. The demise of jazz cannot have had much to do with that of the cocktail, which probably faded away along with the disappearance of servants from all but the richest private houses. Nearly every cocktail needs to be freshly made for each round, so that you either have to employ a barman or find yourself consistently having to quit the scene so as to load the jug. Straight drinks are quicker and guests can — indeed often do — help themselves to them.

Kingsley Amis, Everyday Drinking: The Distilled Kingsley Amis, 2008.

November 15, 2013

Corporations and social responsibility

Filed under: Business, Government, Law — Tags: , , , , , — Nicholas @ 14:17

In this week’s Goldberg File email, Jonah Goldberg talks about the notion that corporations should operate with an eye to “social responsibility”:

Milton Friedman was famously opposed to the whole idea of “corporate social responsibility.” His argument was that corporations have a single obligation: to maximize profits for shareholders. When CEOs spend money on gitchy-goo feel-good projects, they are exceeding their authority and wandering outside the lines of their job description. I’ve always been very sympathetic to this view. If you asked me to invest $10,000 dollars in your startup company and then I found out you spent $5,000 of it to sponsor a program to teach prison-gang members to settle their disagreements by acting out scenes from Little Women, I’d be pretty pissed. That’s not why I gave you the money. And it’s pretty shabby of you to buy fame and praise for your generosity while spending someone else’s money. Indeed, it’s not much less selfish than blowing it on a three-day bender with the mayor of Toronto.

There are lots of different takes on this argument and, because this is my “news”letter, I choose not to deal with most of them. My problem with the profit-maximizing-über-alles creed for Big Business is that it offers no principled or moral reason for Big Business to stay out of Uncle Sam’s bed. If the federal government can make it rain Benjamins for any business willing to twerk for its amusement, why should GE or Big Pharma or the insurance companies demur?

Of course, some businessmen understand the risks of getting in bed with the government. But, since there’s lots of money to be made, there will always be other businessmen perfectly happy to put on the French-maid uniform and bark like a dog.

Even Adam Smith said, “people of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.” That’s true. What’s even more true is that when government officials and business leaders sit down to talk, the inevitable result is a new “public-private partnership” that uses government force to limit competition from non-whorish corporations. Railroad magnates lobbied for the Interstate Commerce Commission. AT&T asked the government to make them a monopoly in the name of “efficiency” so they could clear the field of competition. Andrew Carnegie wanted government control of the steel industry so he could rely on Uncle Sam to guarantee his profit margins. GE loves Obama’s green-energy stuff, because without the inherent subsidies and regulations, it couldn’t make money off of its green tech.

I have no problem with contractors doing work for the government. It’s better that the guys building roads and bridges work for the private sector. But when big businesses agree to make the country less free, the market less competitive, Americans less prosperous, and the state more powerful just to make a few more bucks for their shareholders, it makes me think that Milton Friedman was wrong. We need a free-market version of corporate social responsibility. We need to equip businessmen with an ethical code that tells them there’s a principled reason not to get in bed with the government. They’d still be free to violate that principle, of course, but if they did, I hope they’d have the good sense not to come running to us to complain that the government has asked them to eat a bowl of dogsh**t.

November 14, 2013

QotD: Prostitution

Filed under: Britain, Law, Quotations — Tags: — Nicholas @ 09:57

Society seems to have a confused and ambivalent relationship with prostitutes. On the one hand, some argue that prostitution is the last vestige of employment for women who have been entirely subjugated beneath the will of a patriarchal society. For these people, mostly contemporary feminists, prostitutes are a ‘symptom’ of some deep patriarchal disease; they’re women who have placed themselves at the mercy of the sexual marketplace because they have no other option.

On the other hand, prostitution is celebrated as a trendy new sexuality, a symbol of feminine empowerment. At a time when being intimate is variously seen as uncool, dangerous, or emotionally ‘too much’, the fact that people sell sex like they would sell a television is seen as a funky and positive approach to modern sexual interactions. The popularity of TV dramas like Secret Diary of a Call Girl, in which Billie Piper plays a high-class prostitute getting into all sorts of scrapes in the process of prostituting herself, shows that many are happy to embrace prostitution as part of a new era of contemporary sexuality.

[…]

Prostitution is not liberating, but nor is it a symbol of absolute oppression. It is definitely not a funky new form of sexuality. For those who choose to do it, it is simply a reality. By indulging mawkish fantasies about the vulnerability of prostitutes, our laws make life harder for those it purports to protect by precluding the possibility of establishing informal networks of self-regulation and protection in the world of prostitution. We should take prostitutes seriously enough to allow them to get on with it however they choose.

Luke Gittos, “Britain’s crazy prostitution laws: The UK’s array of prostitution laws only make things worse for sex workers”, Sp!ked, 2013-11-14

If you like DRM in your computer, you’ll love it in your car

Filed under: Law, Technology, USA — Tags: , , , , , — Nicholas @ 09:05

The Electronic Frontier Foundation thinks that extending the DRM regime to cars (as in the latest vehicle from Renault) will drive consumers crazy:

Forget extra cupholders or power windows: the new Renault Zoe comes with a “feature” that absolutely nobody wants. Instead of selling consumers a complete car that they can use, repair, and upgrade as they see fit, Renault has opted to lock purchasers into a rental contract with a battery manufacturer and enforce that contract with digital rights management (DRM) restrictions that can remotely prevent the battery from charging at all.

We’ve long joined makers and tinkerers in warning that, as software becomes a part of more and more everyday devices, DRM and the legal restrictions on circumventing it will create hurdles to standard repairs and even operation. In the U.S., a car manufacturer who had wrapped its onboard software in technical restrictions could argue that attempts to get around those are in violation of the Digital Millennium Copyright Act (DMCA) — specifically section 1201, the notorious “anti-circumvention” provisions. These provisions make it illegal for users to circumvent DRM or help others do so, even if the purpose is perfectly legal otherwise. Similar laws exist around the world, and are even written into some international trade agreements — including, according to a recently leaked draft, the Trans-Pacific Partnership Agreement.

Since the DMCA became law in 1998, Section 1201 has resulted in countless unintended consequences. It has chilled innovation, stifled the speech of legitimate security researchers, and interfered with consumer rights. Section 1201 came under particular fire this year because it may prevent consumers from unlocking their own phones to use with different carriers. After a broadly popular petition raised the issue, the White House acknowledged that the restriction is out of line with common sense.

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