Quotulatiousness

June 7, 2013

Taking the battle to the patent trolls

Filed under: Business, Law — Tags: , , , — Nicholas @ 08:01

In The New Yorker, Tim Wu suggests some lines of counter-attack to use against patent trolls:

There are good laws in place that could fight trolls, but they sit largely unused. First are the consumer-protection laws, which bar “unfair or deceptive acts and practices.” Some patent trolls, to better coerce settlement, purposely misrepresent matters such as the strength of their patents, the extent of other settlements, and their actual willingness to litigate. Second, there are plenty of remedies available under the unfair-competition laws. Some trolls work by aggregating an enormous number of patents, and then present the threat that one of their thousands of patents might actually be valid. The creation of these portfolios for trolling may be “agreements in restraint of trade” under Section 1 of the Sherman Antitrust Act, or they may “substantially lessen competition” under the Clayton Antitrust Act. More generally, the methods of the trolls are hardly what you would call ordinary methods of competition; they should be considered, rather, what the Federal Trade Commission calls “unfair methods of competition” under Section 5 of the F.T.C. Act. The Commission has the power to define and punish methods of business that are inherently harmful with few or no redeeming benefits, and that’s what trolling is. Finally, it is possible that the criminal laws barring larceny and schemes to defraud may cover the conduct of some trolls.

Unfortunately, other than in Vermont, these laws remain largely unenforced, for reasons that aren’t particularly good. Trolls, to switch metaphors, are like cancer cells: they mimic ordinary activity, namely the assertion of patent rights. A war on trolls could become a war on patent holders in general. Since the line between the two can be fuzzy, the argument is that war might deter some real invention. It might, for example, lump universities in with the extortion artists.

But that justifies caution, not inaction. All law enforcement involves this problem of sorting. There is a narrow line between the legitimate trader who knows the stock market well and the criminal inside trader, yet that doesn’t mean securities laws should be left unenforced.

June 6, 2013

“[D]espite breaking the Archives and Recordkeeping Act and ‘undermining’ freedom-of-information legislation, the scofflaws will not face penalties because there are none”

Filed under: Bureaucracy, Cancon, Government, Law — Tags: , , , , — Nicholas @ 08:40

It’s mighty handy to have thoughtfully passed a law against deleting official records — that includes no penalties whatsoever — just before you start breaking that law with abandon:

Top Liberal staffers — even in former premier Dalton McGuinty’s office — illegally deleted emails tied to the $585-million gas plant scandal, a parliamentary watchdog has found.

“It’s clear they didn’t want anything left behind in terms of a record on these issues,” Information and Privacy Commissioner Ann Cavoukian said Wednesday.

Her findings came in a scathing 35-page report prompted by NDP complaints that key Liberal political staff have no records on the controversial closures of plants in Mississauga and Oakville before the 2011 election.

However, despite breaking the Archives and Recordkeeping Act and “undermining” freedom-of-information legislation, the scofflaws will not face penalties because there are none, said Cavoukian.

“That’s the problem,” she said, noting the inadequate legislation was passed by the McGuinty Liberals. “It’s untenable. It has to have teeth so people just don’t engage in indiscriminate practices.”

Attorney General John Gerretsen said the government would consider changes.

“Any law, in order to be effective, there have to be some sort of penalty provisions,” he said. “We’ll take a look.”

If I were a betting man, I’d say that the chances of this “look” producing anything useful would be less than 1 in 10. If this were a private firm or an individual accused of deleting records that the government had an interest in seeing, I rather suspect they’d creatively find something in the existing body of law to use as a bludgeon. It’s charming that they didn’t think to include any penalties if the culprit was a government employee.

June 4, 2013

LCBO intransigence triggers constitutional challenge

Filed under: Bureaucracy, Business, Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 11:02

This is kinda fascinating:

What started out as a simple privacy commissioner complaint has turned into a constitutional challenge of the validity of the Liquor Control Board of Ontario (LCBO) — and this time the Board has only itself to blame for the brouhaha, proving once again that Ontario’s LCBO is so far out of touch with the realities of today’s world, it’s downright scary. At a time when they should be thinking about transitioning out of the alcohol business, the Ontario provincial government and the LCBO seem to be clinging to its very existence with even more tenacity and verve than before. They’re like the old boxer clinging to past glories who just has to show you the right hook he can still throw — yet only ends up throwing out his shoulder. In the LCBO’s case, the word “Control” won’t be pried away from its “cold dead hands” anytime soon… or will it? In its most recent fight, the LCBO is proving it is a government entity most in need of being on the chopping block — if not the auction block — of government institutions that should be moved over to the private sector.

[. . .]

Why the LCBO has chosen to play hardball over such a trivial matter is incomprehensible; according to reports, the LCBO has decided to appeal the order and has asked that the records be sealed in the process. This seems to contravene common sense. “A government entity has chosen to spend hundreds of thousands of taxpayers’ dollars to fight an order by the Privacy Commissioner whose sole purpose is to make these decisions,” Porter says.

Now fed up with the collection of information, Porter and his team have decided to question the entire existence of the LCBO as it contravenes the Constitution Act of 1867 by challenging the Importation of Intoxicating Liquors Act (IILA) itself — which bans the free flow of goods (including alcohol, wine and beer) between the provinces. The argument hinges on Section 121: “All articles of Growth, Produce or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.” This challenge could, and would if successful, lead to the downfall of the LCBO. Social networks were abuzz with the news about the challenge. Alfred Wirth, president and director at HNW Management Inc., applauded the news on Facebook: “Any progress towards competition among merchandisers is to be appreciated – even if it’s for domestically-produced products. Several years ago, when I questioned why Ontario couldn’t privatize the LCBO, the then Minister of Health said that alcoholic beverages were a crucial health matter which the province had to control. Despite the risk of people (including underage youth) freezing to death during our cold Ontario winters, he did not explain why the sale of crucial winter coats could be entrusted to Sears, the Bay, etc…” While Porter himself posted an analogy to cigarettes: “How about this one. Cigarettes are so dangerous that you cannot advertise them on TV, print, billboards or even display them behind a counter… but they can be sold at any store. Alcohol is so dangerous that it has to be sold at a government store with specially-trained people… but the government itself floods the market with advertising and even publishes a free magazine where 50 per cent of the content is about consuming the product.”

Energy lawyer Ian Blue has joined the Vin de Garde team for the action. I interviewed Blue in 2010 about the IILA, which is now under fire. Here’s what Blue had to say: “The law that gives provincial liquor commissions a monopoly and the power they have, is federal law, the Importation of Intoxicating Liquors Act; it’s highly arguable that the law is unconstitutional. It’s also pretty apparent to government constitutional lawyers, who are knowledgeable in these matters… [If the Supreme Court of Canada] takes a hard look at the IILA, and if they do an intellectually honest interpretation, the IILA probably cannot stand up to constitutional scrutiny.”

In 2009, lawyer Schwisberg commented to me when speaking about the IILA: “The very underpinning of Canada’s liquor regulatory system is unconstitutional. Isn’t that a mind blower?” Blue said: “There is nothing natural or logical about the existing system. It bullies, fleeces and frustrates wine producers and the public… If the IILA were to fall… wine producers could probably make quantum leaps of progress towards a fairer and more rational system of liquor and wine distribution in Canada.”

High Noon for patent trolls

Filed under: Business, Law, USA — Tags: , , , , — Nicholas @ 09:17

At Techdirt, Mike Masnick has some very good news:

Back in February, we were a bit surprised during President Obama’s “Fireside Hangout” when he appeared to speak out against patent trolls. Historically, most politicians had always tiptoed around the issue, in part because the pharma industry seems to view any attack on patent trolls as an existential threat — and, frankly, because some small time patent holders can also make a lot of noise. However, it’s become exceptionally clear that there’s political will to take on patent trolls. We’ve noted five different patent law bills introduced in Congress, all targeting patent trolls in one form or another.

And now, it’s been reported that President Obama is going to come out strongly against patent trolling, directing the USPTO and others to fix certain issues, while also asking Congress to pass further laws to deal with patent trolling. The President will flat out note that patent trolls represent a “drain on the American economy.” The announcement will directly say that “patent trolls” (yes, they use the phrase) are a problem, while also talking about the problem of patent thickets like the infamous “smartphone wars.”

The plan is scheduled to be released later today, but we’ve got a preview of the specific plan, and let’s take a look at each of the suggestions quickly. I’m sure we’ll be discussing the concepts in much more detail for the near future. The plan is split into two different parts: legislative actions (i.e., asking Congress to do something) and executive actions (i.e., ordering administration agencies/departments to do things). Let’s start with the executive actions, since those are likely to have the more immediate impact.

This is excellent news, at least for anyone not currently working as a patent lawyer for one of the trolls…

June 3, 2013

“I believe in freedom of speech and defend his rights to say what he wants, but once it starts offending people then it’s a police matter”

Filed under: Britain, Law, Liberty — Tags: , , , — Nicholas @ 09:46

A Welsh shopkeeper gets a visit from two police officers after a slogan on a T-shirt gets someone upset:

A Newport shopkeeper has been forced by police to remove a T-shirt from his shop window because they felt it “could be seen to be inciting racial hatred.”

Matthew Taylor, 35, the owner of Taylor’s clothes store on Emlyn Walk in the city, printed up and displayed the T-shirt with the slogan: “Obey our laws, respect our beliefs or get out of our country” after Drummer Lee Rigby, 25, was killed in near Woolwich barracks in London last week.

But following a complaint from a member of the public, police came to his store and threatened to arrest him unless he removed the Tshirt from sight.

Mr Taylor said: “I had a visit from two CSOs (community support officers) because it has been reported by someone who felt it was offensive.

What was rather more depressing is how some elected officials view free speech:

Chairman of the Welsh affairs select committee, David Davies MP said: “I think the police are well aware of that (the current heightened tensions between communities) and I can see their point of view.

It’s a very sensitive time.

“But I can see this guy’s point of view and the statement he is making. You should not be in this country if you are not prepared to obey the laws.

I think the vast majority of people in this country of all races would agree with that.

So I don’t think it is a racist matter at but I can see the police’s point of view.”

Newport city councillor, Majid Rahman said: “I believe in freedom of speech and defend his rights to say what he wants, but once it starts offending people then it’s a police matter and it’s up to them whether they think it’s broken any laws.”

So, under this concept, you’re free to say anything you want, unless someone is offended and then the police have to get involved. I think someone misunderstands what “free” really means.

May 31, 2013

Everyone is watching – the rise of “Little Brother”

Filed under: Law, Liberty, Media, Technology — Tags: , , — Nicholas @ 09:56

In The New Yorker, Maria Bustillos talks about the ubiquity of non-government surveillance:

… the same technological advances that have empowered the rise of Big Brother have created another wrinkle in the story. We might call it the emergence of Little Brother: the ordinary citizen who by chance finds himself in a position to record events of great public import, and to share the results with the rest of us. This has become immeasurably easier and more likely with the near-ubiquitous proliferation of high-quality recording devices. (As I learned after publishing this, the term had been coined earlier, and Cory Doctorow used it in 2007 for his book of the same name.)

The era of Little Brother was perhaps inaugurated in November, 1963, with the Kodachrome II 8-mm. film of John F. Kennedy’s assassination inadvertently captured by the Dallas clothing manufacturer Abraham Zapruder. George Holliday’s videotape of the March, 1991, beating of Rodney King in Los Angeles, and Scott Prouty’s forty-seven-per-cent video, which arguably cost Mitt Romney the Presidency last year, fall into the same class.

There is a surprisingly rich and dynamic academic literature developing around the concept of “sousveillance,” a term coined by the University of Toronto professor and inventor Steve Mann to describe privately made recordings that can serve as a counterweight to institutional and government surveillance. Mann is famous for approaching these questions from the perspective of wearable computing, a field in which he is one of the earliest pioneers; his apparent eccentricity is belied by the gravity and lucidity of his writing, which is heavily influenced by Foucault’s views on panopticism:

    One way to challenge and problematize both surveillance and acquiescence to it is to resituate these technologies of control on individuals, offering panoptic technologies to help them observe those in authority. We call this inverse panopticon “sousveillance” from the French words for “sous” (below) and “veiller” to watch.

    Sousveillance is a form of “reflectionism,” a term invented by Mann (1998) for a philosophy and procedures of using technology to mirror and confront bureaucratic organizations. Reflectionism holds up the mirror and asks the question: “Do you like what you see?” If you do not, then you will know that other approaches by which we integrate society and technology must be considered.

H/T to Bruce Schneier for the link.

May 30, 2013

A valuable lightning rod – Eric Holder as Attorney General

Filed under: Government, Law, USA — Tags: , , , , — Nicholas @ 09:27

In the Daily Beast, Nick Gillespie explains why Eric Holder may not be the worst attorney general ever, but he’s doing exactly what an attorney general is expected to do — taking heat off the president:

Eric Holder may not be the worst attorney general in American history, but he is the most recent — which amounts to nearly the same thing.

Despite its exalted status as the nation’s “top cop,” the job is best understood as a dumping ground for intermittently competent bulldogs who take out the president’s trash and act as his public-relations human shield. That was the basic duty of George W. Bush’s troika of torture apologists: John Ashcroft, Alberto Gonzales, and Michael Mukasey. Ashcroft went so far after the 9/11 attacks as to argue that dissent itself verged on the unconstitutional.

[. . .]

There’s no reason to believe that Holder will be sent packing anytime soon or that he’s somehow at cross-purposes with the president. Obama has voiced nothing but support for his attorney general, which means that there’s every reason to keep questioning Holder’s truthfulness. One of his first actions upon taking office was to underscore the Obama administration’s position that federal resources would not be targeted at medical-marijuana users and providers who complied with laws in states where the stuff is legal. The result? A record number of raids against medical-marijuana dispensaries in California and elsewhere in Obama’s “war on weed.” And yet Holder continues to insist, as he did last year before Congress, that “we limit our enforcement efforts to those individuals and organizations that are acting out of conformity with state laws.” So Holder is either out of touch with reality or following a script scribbled together in the Oval Office. Neither prospect is comforting given that Obama’s DOJ has yet to state its position regarding the full legalization of pot in Colorado and Washington state.

It’s daunting to remember that Holder served as a deputy attorney general in Janet Reno’s Justice Department during the Clinton years. What lessons in self-preservation and executive-branch overreach might he have learned under Reno, the second-longest-serving attorney general in American history and surely one of the worst?

Recall that Reno was at best Clinton’s third pick for the position, being selected only after his first two selections were undone by revelations that they had employed illegal aliens as nannies. Reno’s tenure was marked by horrifyingly misguided law-enforcement debacles such as the deadly standoff between federal agents and the Branch Davidians at Waco, Texas, and the armed raid to separate 6-year-old Elián González from his American relatives and return him to his father in Cuba. But she held on as a political lightning rod, absorbing political punishment before it could reach her boss.

Latest EU legal move may drive support to UKIP

Filed under: Britain, Europe, Law — Tags: , , , , — Nicholas @ 08:13

Mats Persson explains why Nigel Farage and UKIP may see a spike of support when the latest legal challenge gets going:

The European Commission will today take the UK to the European Court of Justice — the body meant to police the EU treaties — over its rules on EU migrants’ access to benefits. The Commission says the UK’s so-called “right to reside” test — a filter used to make sure that EU migrants are eligible to claim benefits — is illegal under EU law as British citizens pass it automatically. The UK Government is disputing this claim saying it is clear that the UK rules “are in line with EU law.” In other words, the folks in Brussels are about to throw a hand grenade into the already red-hot domestic EU debate.

The legal details around this case are hugely complex as are the rules governing EU migrants’ access to benefits […] But essentially, this is about the EU’s one-size-fits-all model sitting poorly with the UK’s ‘universalist’ welfare system, which is largely made up of means tested benefits rather than contribution-based benefits — unlike many other systems in Europe. The UK government feels it needs a filter — practically and politically — to make sure migrants come here to work rather than to claim benefits. Legally this is a grey area but it’s clear that the Commission is taking the strictest interpretation.

As I’ve argued before, claims that EU migrants come here in droves to claim benefits are widely exaggerated — and free movement of workers has been largely beneficial for the UK and Europe. However, it’s clear that the combination of immigration, Europe and benefits is one of the potentially most toxic ones in modern day politics, so needs to be treated with kid gloves. Even if all the evidence suggests EU migrants are less likely to claim benefits than British citizens, the perception of “benefit tourism” is still absolutely explosive.

May 29, 2013

Lessons learned in the post-Napster era

Filed under: Business, Law, Media — Tags: , , , — Nicholas @ 16:25

At TechDirt, Mike Masnick discusses the things we learned from Napster:

Last fall, law professor Michael Carrier came out with a really wonderful paper, called Copyright and Innovation: The Untold Story. He interviewed dozens of people involved in the internet world and the music world, to look at what the impact was of the legal case against Napster, leading to the shutdown of the original service (the name and a few related assets were later sold off to another company). The stories (again, coming from a variety of different perspectives) helps fill in a key part of the story that many of us have heard, but which has never really been written about: what an astounding chill that episode cast over the innovation space when it came to music. Entrepreneurs and investors realized that they, too, were likely to get sued, and focused their efforts elsewhere. The record labels, on the other hand, got the wrong idea, and became totally convinced that a legal strategy was the way to stem the tide of innovation.

The Wisconsin Law Review, which published Carrier’s paper, asked a few people to write responses to Carrier’s paper, and they recently published the different responses, including one from a lawyer at the RIAA, one from another law professor… and one from me. This post will be about my paper — and I’ll talk about the other papers in a later post. My piece is entitled When You Let Incumbents Veto Innovation, You Get Less Innovation. It builds on Carrier’s piece, to note that the stories he heard fit quite well with a number of other stories that we’ve seen over the past fifteen years, and the way in which the industry has repeatedly fought innovation via lawsuits.

You can read the whole paper at the link above (or, if you prefer there’s a pdf version). I talk about the nature of innovation — and how it involves an awful lot of trial and error to get it right. The more trials, the faster what works becomes clear, and the faster improvement you get. But the industry’s early success against Napster made that nearly impossible, and massively slowed down innovation in the sector. Yes, a few players kept trying, but it developed much more slowly than other internet-related industries. And you can see why directly in the Carrier paper, where entrepreneurs point out that it’s just not worth doing something in the music space, because if you want to actually do what the technology enables, the kinds of things that are cool and useful and which consumers would really like… you’ll get sued.

Why “every homicide perp on death row who is reasonably attractive has groupies”

Filed under: Law, Media — Tags: , , , — Nicholas @ 14:37

In the Los Angeles Times, Charlotte Allen examines the phenomenon of women who fall in love with murderers, terrorists, and other assorted villains:

This, of course, goes against all current conventional wisdom about the kind of men that women want: sensitive, egalitarian, feminism-friendly guys who split the housework 50-50 (or better yet, do it all so their wives can “lean in” at work).

In fact, as any evolutionary psychologist can tell you, women, like other female primates, crave dominant “alpha” males who demonstrate the strength to protect them and pass on survival traits to their children. And in a society such as ours, where the phrase “head of the household” is anathema and men are forbidden to dominate in socially beneficial ways, women will seek out assertive, self-confident men whose displays of power aren’t so socially beneficial.

It’s not surprising, then, that every homicide perp on death row who is reasonably attractive has groupies. Consider the handsome (and widely philandering) Scott Peterson, sentenced in 2005 for killing his wife and unborn son and throwing their remains into San Francisco Bay. The day he checked into San Quentin, he received three dozen phone calls from smitten women, including an 18-year-old who wanted to become the second Mrs. Peterson.

It’s probably a good idea, if you are religious, to say some prayers for Dzhokhar, who is likely to need them. It’s probably a bad idea to feel sorry for him. The worst idea of all, though, is to imagine that the obsessive female attention, adulation and pity lavished on a mass-murder suspect such as Dzhokhar is a cultural anomaly.

May 28, 2013

Breaking new (legal) trails

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 08:10

Colby Cosh on the fascinating attempt by former Toronto Maple Leafs general manager Brian Burke to sue his alleged defamers on the internet:

Question: if you can defame someone on the internet, should they be able to sue you over the internet? Grouchy former Leafs GM Brian Burke intends to find out. His lawyers are set to appear in B.C. Supreme Court in Vancouver today, where they will argue that Burke should be able to serve notice of his defamation lawsuit against pseudonymous members of various internet forums by means of those forums themselves. “Ding! You’ve… got… mail.”

Early commentary on Burke’s lawsuit over claims he had an affair with a broadcaster was focused on the difficulty of tracking down internet anonymice and serving them with the right papers. The established pathway is to go through internet service providers to get them to disclose the identities behind IP addresses — but privacy-conscious tech firms don’t like to give up that info without a court order, and if Johnny Flapgums did not happen to post from home or work, a plaintiff is more or less out of luck anyway. In an unforeseen development, Burke is now asking the court to let him sue internet usernames as usernames, notifying the users of the action through the personal-messaging apparatus of the sites on which they posted their allegedly scurrilous comments.

If Burke succeeds with today’s motion, defendants such as “CamBarkerFan” and “Slobberface” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defence.

May 26, 2013

Putting the Gibson Guitar raids into context

Filed under: Bureaucracy, Law, Politics, USA — Tags: , , , , — Nicholas @ 11:06

Remember back in 2011 when the US government raided Gibson Guitars for alleged violations of Indian law? (Posts here, here, here, here, and here.) Now that we’re learning much more about the IRS witch hunt for Tea Party organizations, Investor’s Business Daily points out that the Gibson raids now make sense:

Grossly underreported at the time was the fact that Gibson’s chief executive, Henry Juszkiewicz, contributed to Republican politicians. Recent donations have included $2,000 to Rep. Marsha Blackburn, R-Tenn., and $1,500 to Sen. Lamar Alexander, R-Tenn.

By contrast, Chris Martin IV, the Martin & Co. CEO, is a long-time Democratic supporter, with $35,400 in contributions to Democratic candidates and the Democratic National Committee over the past couple of election cycles.

“We feel that Gibson was inappropriately targeted,” Juszkiewicz said at the time, adding the matter “could have been addressed with a simple contact (from) a caring human being representing the government. Instead, the government used violent and hostile means.”

That includes what Gibson described as “two hostile raids on its factories by agents carrying weapons and attired in SWAT gear where employees were forced out of the premises, production was shut down, goods were seized as contraband and threats were made that would have forced the business to close.”

Gibson, fearing a bankrupting legal battle, settled and agreed to pay a $300,000 penalty to the U.S. Government. It also agreed to make a “community service payment” of $50,000 to the National Fish and Wildlife Foundation — to be used on research projects or tree-conservation activities.

Update, 31 January 2014: Gibson releases a new guitar to celebrate the end of the case.

Great Gibson electric guitars have long been a means of fighting the establishment, so when the powers that be confiscated stocks of tonewoods from the Gibson factory in Nashville — only to return them once there was a resolution and the investigation ended — it was an event worth celebrating. Introducing the Government Series II Les Paul, a striking new guitar from Gibson USA for 2014 that suitably marks this infamous time in Gibson’s history.

From its solid mahogany body with modern weight relief for enhance resonance and playing comfort, to its carved maple top, the Government Series II Les Paul follows the tradition of the great Les Paul Standards—but also makes a superb statement with its unique appointments. A distinctive vintage-gloss Government Tan finish, complemented by black-chrome hardware and black plastics and trim, is topped by a pickguard that’s hot-stamped in gold with the Government Series graphic—a bald eagle hoisting a Gibson guitar neck. Each Government Series II Les Paul also includes a genuine piece of Gibson USA history in its solid rosewood fingerboard, which is made from wood returned to Gibson by the US government after the resolution.

[…]

The Government Series II Les Paul is crafted in the image of the original Les Paul Standard, with a carved maple top and solid mahogany back with modern weight relief for improved playing comfort and enhanced resonance. The glued-in mahogany neck features a comfortably rounded late-’50s profile, while the unbound fingerboard — with a Corian™ nut, 22 frets and traditional trapezoid inlays just like the very first Gibson Les Pauls — is made from solid rosewood returned to Gibson by the US government. And, the guitar looks superb with its unique Government Tan finish in vintage-gloss nitrocellulose lacquer.

Bangladesh needs legal reform and free markets

Filed under: Asia, Bureaucracy, Economics, Law — Tags: , , , , , , — Nicholas @ 10:37

Sheldon Richman discusses the plight of workers — especially poor women workers — in Bangladesh:

According to a report written for the Netherlands ministry of foreign affairs, most Bangladeshis, unsurprisingly, are victimized by a land system that has long benefited the rural and urban elites. “Land-grabbing of both rural and urban land by domestic actors is a problem in Bangladesh,” the report states.

    Wealthy and influential people have encroached on public lands…, often with help of officials in land-administration and management departments. Among other examples, hundreds of housing companies in urban areas have started to demarcate their project area using pillars and signboard before receiving titles. They use local musclemen with guns and occupy local administrations, including the police. Most of the time, land owners feel obliged to sell their productive resources to the companies at a price inferior to market value. Civil servants within the government support these companies and receive some plot of land in exchange.

Women suffer most because of the patriarchy supported by the political system. “Women in Bangladesh rarely have equal property rights and rarely hold title to land,” the report notes. “Social and customary practices effectively exclude women from direct access to land.” As a result,

    Many of the rural poor in Bangladesh are landless, have only small plots of land, are depending on tenancy, or sharecropping. Moreover, tenure insecurity is high due to outdated and unfair laws and policies…. These growing rural inequalities and instability also generate migration to towns, increasing the rates of urban poverty.

Much as in Britain after the Enclosures, urban migration swells the ranks of workers, allowing employers to take advantage of them. Since Bangladesh does not have a free-market economy, starting a business is mired in regulatory red tape — and worse, such as “intellectual property” law — that benefit the elite while stifling the chance for poor individuals to find alternatives to factory work. (The owner of the Savar factory, Mohammed Sohel Rana, got rich in a system where, the Guardian writes, “politics and business are closely connected, corruption is rife, and the gap between rich and poor continues to grow.”) Moreover, until the factory collapse, garment workers could not organize without employer permission.

Crony capitalism deprives Bangladeshis of property rights, freedom of exchange, and therefore work options. The people need neither the corporatist status quo nor Western condescension. They need radical land reform and freed markets.

The war on drugs is “a holocaust in slow motion”

Filed under: Health, Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 08:33

To my surprise, the creator of the TV series The Wire has come out against legalization of marijuana:

David Simon surged into the American mainstream with a bleak vision of the devastation wrought by drugs on his home town of Baltimore — The Wire, hailed by many as the greatest television drama of all time. But what keeps him there is his apocalyptic and unrelenting heresy over the failed “war on drugs”, the multibillion-dollar worldwide crusade launched by President Richard Nixon in 1971.

When Simon brought that heresy to London last week — to take part in a debate hosted by the Observer — he was inevitably asked about what reformers celebrate as recent “successes” — votes in Colorado and Washington to legalise marijuana.

“I’m against it,” Simon told his stunned audience at the Royal Institution on Thursday night. “The last thing I want to do is rationalise the easiest, the most benign end of this. The whole concept needs to be changed, the debate reframed.

“I want the thing to fall as one complete edifice. If they manage to let a few white middle-class people off the hook, that’s very dangerous. If they can find a way for white kids in middle-class suburbia to get high without them going to jail,” he continued, “and getting them to think that what they do is a million miles away from black kids taking crack, that is what politicians would do.”

If marijuana were exempted from the war on drugs, he insisted, “it’d be another 10 or 40 years of assigning people of colour to this dystopia.”

[. . .]

Simon took no prisoners. In his vision, the war on — and the curse of — drugs are inseparable from what he called, in his book, The Death of Working Class America, the de-industrialisation and ravaging of cities that were once the engine-rooms and, in Baltimore’s case, the seaboard of an industrial superpower.

The war is about the disposal of what Simon called, in his most unforgiving but cogent term, “excess Americans”: once a labour force, but no longer of use to capitalism. He went so far as to call the war on drugs “a holocaust in slow motion”.

Simon said he “begins with the assumption that drugs are bad”, but also that the war on drugs has “always proceeded along racial lines”, since the banning of opium.

It is waged “not against dangerous substances but against the poor, the excess Americans,” he said, and with striking and subversive originality, posited the crisis in stark economic terms: “We do not need 10-12% of our population; they’ve been abandoned. They don’t have barbed wire around them, but they might as well.”

More on Scotland’s proposed “child protection” scheme

Filed under: Britain, Government, Law — Tags: , , , — Nicholas @ 08:25

Last week, I linked to a story about the Scottish government introducing a new “child protection” program that would assign a “named person” as guardian for every child. Christopher Booker has more on this rather disturbing Big Brother initiative:

We are familiar with the idea that state employees are expected to take an interest in a child’s welfare, from health visitors to teachers at school. But this proposal that local authorities should be empowered to appoint an official to act as a personal “guardian”, or social worker, to oversee every aspect of a child’s life from birth onwards is a world first.

In fact, the Bill is remarkably vague about the powers to be given to these “named persons”. Will they be free to arrive unannounced at the family home to check on how a child is being treated by its parents, when it goes to bed, what food it is given, what political or religious opinions it is being brought up with? In other words, the Bill gives no idea of how this hugely ambitious scheme, estimated to cost Scotland’s local authorities up to £138 million a year, will work in practice. And most worrying of all, to anyone familiar with the failings of our existing “child protection” system, is how often the most damaging errors can arise when professionals are charged with reporting to social workers their suspicion that something in a child’s life might be amiss.

In too many of the cases I have followed where children have been removed from their families for what seems to be no good reason, their nightmare began with a report by a teacher or a doctor that got some overheard remark or slight injury absurdly out of proportion. Too often, such suspicions then harden into allegations that are never properly tested against the evidence, and the damage is done. However admirable, in theory, the thought of appointing a “guardian” to watch over every child might seem, experience suggests that, in practice, this may exacerbate those weaknesses in our existing “child protection” system, which make a mockery of the noble aims it was set up to promote.

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