Quotulatiousness

July 10, 2025

Mandatory online age verification

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

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”

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

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.”

May 12, 2025

QotD: The Gracchi

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

Tiberius and Gaius Gracchus’ tribunates – both of which ended with them being killed (I think it is perfectly fair to say “murdered”) – typically occupy a position in survey coverage of the Roman Republic as the inciting incident that begins (if not quite causes) the collapse of the Republic itself, the first outbreak of violence in Roman politics, the first escalation in a spiral that would lead to the repeated outbreak of civil war in the first century. And that is certainly how they were understood in antiquity; both Plutarch and Appian make this claim (App. BCiv. 1.17; Plut. Ti. Gracch. 20.1). And in part because the sources (again, Plutarch and Appian) frame the Gracchi quite positively and in part, to be frank, because their reforms are generally “left-coded” in a university environment that is inherently sympathetic to left-coded things, the Gracchi tend to come across to students as righteous reformers killed by foolish, hidebound and greedy reactionary Roman senators. And that is, to be fair, a potentially valid reading (if employed with some caveats).

But it is also generally the only reading students get and it is not the only valid reading of the evidence we have. So for this week, I want to complicate the Gracchi, presenting some of the details that often get left out of introductory surveys. In particular, we’re going to discuss the problems that Tiberius Gracchus’ key law, the Lex Sempronia Agraria was designed to solve and I am going to argue that Tiberius was attempting to solve a problem that didn’t exist (though he couldn’t have known it), a view which is now quite common in the scholarship but almost entirely absent in how we tend to teach the Gracchi.

But more to the point, I am going to argue that Tiberius and Gaius Gracchus’ behavior did, in fact, violate the norms of the Republic and that it was not entirely unreasonable for the senatorial elite to conclude these men, in their unrestrained and nakedly ambitious approach to politics, represented a real threat to the Roman political order and that they might be aiming for something approaching a “soft coup” in the context of a political order whose features – including the democratic ones – worked through an unwritten constitution of norms (what the Romans called the mos maiorum, “the customs of the ancestors”), which both brothers actively undermined. The claim that the Gracchi threatened to make themselves tyrants was not an empty claim and that is the dark reflection of their role as well intentioned reformers.

In short, then, if the only version of the Gracchi you have encountered is that of the near-saintly, then martyred proto-progressive reformers, that’s not quite the complete picture (and the left-coding of their ideas is decidedly anachronistic). Naturally, in trying to complicate this picture, I am essentially taking the position of prosecutor, so this “take” is going to be far more negative on the Gracchi than how I would, say, teach them in class or, indeed, how I regard them myself.

So the way we’re going to approach this problem is first to discuss the problem that Tiberius Gracchus thought he was addressing (and some of the issues there), before walking through the means he used to push forward the Lex Sempronia Agraria. Then I want to look at some of the wide-ranging laws proposed by Gaius Gracchus to assess the degree to which those laws cohere and ways we might understand his program and actions, potentially rather more negatively.

Bret Devereaux, “Collections: On the Gracchi, Part I: Tiberius Gracchus”, A Collection of Unmitigated Pedantry, 2025-01-17.

May 7, 2025

Ontario versus the courts

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

In general terms, you would expect the government — in this case the Ontario provincial government — to pass the laws and the courts — when called upon — to rule on their legality. We don’t expect courts to act as if they can overrule legislation passed by the government unless it clearly contravenes the Charter or goes beyond the powers assigned to that level of government. But Canadian courts seem to be choosing to expand their powers to curtail the actions of elected government more and more these days:

Bike lanes on Yonge Street north of Bloor Street in downtown Toronto.
Image from Google Street View

In the weeks of the election period, Canadian courts were busy preventing any legislation of controversy from taking effect — and they went relatively unnoticed. On March 28, the Ontario Superior Court of Justice blocked the Ontario government from banning supervised consumption sites near schools and daycares. It struck again on April 22, halting the Ontario government from removing Toronto’s bike lanes.

Days later, on April 24, the Quebec Superior Court cancelled the province’s planned mega-tuition hike for out-of-province students.

In the case of Toronto’s major bike lanes — on Bloor Street, Yonge Street and University Avenue — Ontario Premier Doug Ford had, in theory, all the power he needed to remove them. Municipalities are creatures of the province, and traffic regulation is also a provincial domain; thus, provincial legislatures can override just about anything that a city council does, especially if related to roads. So, in November, Ford legislated the removal of the lanes, which were previously constructed by city authorities (he was later re-elected premier, so clearly bike lane preservation wasn’t a priority for voters).

In December, cycling advocates launched a court challenge that, really, should have been laughed out of the room. They argued that the removal of bike lanes amounted to a violation of their Charter rights, specifically the Section 7 catch-all right to life, liberty and security.

It remains to be seen whether there is a Charter right that guarantees two per cent of the population the right to have specialty lanes built for their commuting pleasure — the trial process is still underway. In the meantime, Ontario’s Judge Paul Schabas, a Liberal appointee, has granted the cycling advocates an injunction to keep the lanes in place, because allowing their dismantling to go forward would impose an injunction-worthy risk of “irreparable harm” to Toronto’s cyclists.

“There is no evidence that the government has engaged in any planning as to how the bike lanes will be removed or what will replace them,” Schabas wrote in the decision. “The demolition and reconstruction will create its own impacts on traffic — both for cyclists and motor vehicles — and will likely result in considerable disturbance and congestion while that is taking place. Cyclists who continue to use these routes will be at risk of irreparable physical harm for which … the government will not provide any compensation in damages.”

And, just like that, a judge overruled a decision of the elected legislature, opting instead to take, temporarily, the zero-risk-tolerance advice of unelected government consultants. It’s at least good that Ford is appealing Schabas’ decision.

April 29, 2025

QotD: The confidence game

Filed under: Law, Media, Quotations, Technology, USA — Tags: , , , — Nicholas @ 01:00

… the basics of the confidence game have not changed all that much with the new technology. The confidence man gets his name because he is adept at winning the confidence of the mark. The mark then lowers his defenses and foolishly trusts the con man, rather than his own natural skepticism. The mark is manipulated into thinking the con man is a friend or at least someone who can be trusted. The con man then uses that trust to exploit the mark.

The way in which the con men does this is by flattery. The mark trusts the con man, because the con man finds small ways to confirm the beliefs of the mark. The adept grifter will be a good listener and pick up the little things that the mark thinks are important, like religious beliefs or opinions about personal matters. Seemingly out of the blue, the con man will express those same opinions, which flatters the mark. After all, everyone likes being told that their private opinions are smart.

That’s something you see with the internet grifters. They often have worn a lot of masks as they seek out on-line audiences. […]

Another aspect of the con that remains constant is how the con man uses his alleged status as a victim to work the mark. Con men will use their mark’s natural empathy to win their confidence. Today that often means claiming the big bad tech companies are censoring them. Alternatively, they will claim evil trolls are haunting their internet activity, causing them harm. The term troll has been changed from meaning someone seeking attention to something almost supernatural.

The Z Man, “Carny Town”, The Z Blog, 2019-12-29.

April 28, 2025

A potential positive to the explosion of AI-generated fake porn

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

The one thing we have always been able to predict with 100% confidence is that every new media will be used for pornography and crime, often in the same product. However, No Pasaran makes a case for there being a socially useful side to the ever-increasing realism of fake porn from popular LLM generators:

Seriously?! Am I the only person that sees the benefits of this “troubling trend” of online bullying?!

Think about it.

Blackmail is now a thing of the past.

That’s it.

It’s over.

Whether you are a teen or an adult, whether the photos are real or not, you can simply pass all of them off — indeed, you can do so nonchalantly — as fakes or deepfakes. To your classmates, to your spouse, to your constituents. Who will know whether you are fibbing or telling the truth? (Maybe you hardly know yourself …)

(In a totally different context, of course, that is exactly what Joe Biden’s White House did …)

As it happens, a considerable size of the audience for these sex photos/videos — maybe far more than half — will already be assuming that they’re fakes … (Thanks for the Instalink, Sarah.)

Depression at 16? Suicide at 17? Why fear sextortion at this point? Compliment instead the (anonymous) photo/video creators for doing a good job — for doing an outstanding job.

On my phone I keep receiving photos of Donald Trump tenderly cuddling with Joe Biden or Vladimir Putin or Stormy Daniels. Lots of apps now make you “repair” snapshots that are decades or (over) a century old, colorize them, and make them into mini-movies (the latest one I saw delighted me as it involved Civil War daguerreotypes from the 1860s).

I also keep receiving AI ads where, by combining a couple of photos of myself and of any girl (someone I know and am perhaps infatuated with or some rock or movie star or someone — Marilyn Monroe? Rudolph Valentino? Che Guevara? Queen Victoria? — who has been dead for decades) I can make myself hug or kiss that person — hungrily — on the mouth.

Years ago (long before AI), I was writing a TV script imagining a politician who was on national television and who was all of a sudden ambushed with private photos of him in a compromising position (with a woman other than his wife, with a man, with many women, with many men, at an orgy, in a BDSM cave, with a money shot, whatever …). Talk of falling victim; talk of bullying; talk of harassment (justified or otherwise)!

How should he react?

Ignore the content. And, with an admiring voice, let out a whistle and praise the work: “Wow, that’s well done!”

“What do you mean?!” interrupts the TV presenter, visibly frustrated. “No no no! Don’t tell me you are claiming they’re fake?! We have proof that you were seen at—”

Again, this was before AI, needless to say, which only made the politician’s next words even more startling: “It is so how admirable the degree to which studios have made progress with special effects!”

April 18, 2025

QotD: Literature in (and after) the late Western Roman Empire

… But surely the barbarians burned all of the libraries, right? Or the church, bent on creating a “Christian dark age” tore up all of the books?

Well, no.

Here I think the problem is the baseline we assess this period against. Most people are generally aware that the Greeks and Romans wrote a lot of things and that we have relatively few of them. Even if we confine ourselves only to very successful, famous Greek and Roman literature, we still only have perhaps a low single-digit percentage of it, possibly only a fraction of a percent of it. In our post-printing-press and now post-internet world, famous works of literature do not simply vanish, generally and it is intuitive to assume that all of these lost works must have been the result of some catastrophe or intentional sabotage.

I am regularly, for instance, asked how I feel about the burning of the Library of Alexandria. The answer is … not very much. The library burned more than once and by the time it did it was no longer the epicenter of learning in the Mediterranean world. Instead, the library slowly declined as it became less unique because other libraries amassed considerable collections. There was no great, tragic moment where countless works were all lost in an instant. That’s not how the chain of transmission breaks. Because a break in the chain of transmission requires no catastrophe – it merely requires neglect.

The literature of the Greeks and Romans (and the rest of the ancient iron age Mediterranean) were largely written on papyrus paper, arranged into scrolls. The problem here is that papyrus is quite vulnerable to moisture and decay; in the prevailing conditions in much of Europe papyrus might only last a few decades. Ancient papyri really only survive to the present in areas of hard desert (like Egypt, conveniently), but even in antiquity, books written on papyrus would have been constantly wearing out and needing to be replaced.

Consequently, it didn’t require anyone going out and destroying books to cause a break in the chain of transmission: all that needed to happen was for the copying to stop, even fairly briefly. Fortunately for everyone, Late Antiquity was bringing with it a new writing material, parchment, and a new way of putting it together, the codex or book. The transition from papyrus to parchment begins in the fourth century, but some books are still being produced in papyrus in the 7th century, particularly in the Eastern Mediterranean. Whereas papyrus is a paper made of papyrus stalks pressed together, parchment is essentially a form of leather, cleaned, soaked in calcium lye and scraped very thin. The good news is that as a result, parchment lasts – I have read without difficulty from 1200 year old books written on parchment (via microfilm) and paged through 600 year old books with my own hands. Because making it requires animal hide, parchment was extremely expensive (and still is) but its durability is a huge boon to us because it means that works that got copied onto parchment during the early middle ages often survive on that parchment down to the present.

But of course that means that the moment of technological transition from short-lived papyrus to long-lasting parchment was always going to be the moment of loss in transition: works that made it to parchment would largely survive to the present, while works that were not copied in that fairly narrow window (occupying Late Antiquity and the Early Middle Ages) would be permanently lost. And that copying was no simple thing: it was expensive and slow. The materials were expensive, but producing a book also required highly trained scribes (often these were monks) who would hand copy, letter by letter, the text for hundreds of pages. And, for reasons we’ll talk about later in this series, the resources available for this kind of copying would hit an all-time-low during the period from the fifth to the seventh centuries – this was expensive work for poor societies to engage in.

And here it is worth thus stopping to note how exceptional a moment of preservation this period is. The literary tradition of Mediterranean antiquity represents the oldest literary tradition to survive in an unbroken line of transmission to the present (alongside Chinese literature). The literary traditions of the Bronze Age (c. 3000-1200 BC and the period directly before antiquity broadly construed) were all lost and had to be rediscovered, with stone and clay tablets recovered archaeologically and written languages reconstructed. The Greeks and Romans certainly made little effort to preserve the literature of those who went before them!

In that context, what is actually historically remarkable here is not that the people of Late Antiquity and the Early Middle Ages lost some books – books had always been being lost, since writing began – but that they saved some books. Never before had a literary tradition been saved in this way. Of course these early copyists didn’t always copy what we might like. Unsurprisingly, Christian monks copying books tended to copy a lot more religious texts (both scriptures but also patristic texts). Moreover, works that were seen as important for teaching good Latin (Cicero, Vergil, etc.) tended to get copied more as well, though this is nothing new; the role of the Iliad and the Odyssey in teaching Greek is probably why their manuscript traditions are so incredibly robust. In any event, far from destroying the literature of classical antiquity, it was the medieval Church itself that was the single institution most engaged in the preservation of it.

At the same time, writers in the fifth, sixth and seventh centuries did not stop writing (or stop reading). Much of the literature of this period was religious in nature, but that is no reason to dismiss it (far more of the literature of the Classical world was religious in nature than you likely think, by the by). St. Augustine of Hippo was writing during the fifth century; indeed his The City of God, one of the foundational works of Christian literature, was written in response to the news of the sack of Rome in 410. Isidore of Seville (560-636) was famous for his Etymologies, an encyclopedia of sorts which would form the foundation for much of medieval learning and which in its summaries preserves for us quite a lot of classical bits and bobs which would have otherwise been lost; he also invented the period, comma and colon. Pope Gregory I (540-604) was also a prolific writer, writing hundreds of letters, a collection of four books of dialogues, a life of St. Benedict, a book on the role of bishops, a commentary on the Book of Job and so on. The Rule of St. Benedict, since we’ve brought the fellow up, written in 516 established the foundation for western monasticism.

And while we’ve mostly left the East off for this post, we should also note that writing hardly stopped there. Near to my heart, the emperor Maurice (r. 582-602) wrote the Strategikon, an important and quite informative manual of war which presents, among other things, a fairly sophisticated vision of combined arms warfare. Roman law also survived in tremendous quantities; the emperor Theodosius II (r. 402-450) commissioned the creation of a streamlined law code compiling all of the disparate Roman laws into the Codex Theodosianus, issued in 439. Interestingly, Alaric II (r. 457-507), king of the Visigoths in much of post-Roman Spain would reissue the code as past of the law for his own kingdom in 506 as part of the Breviary of Alaric. Meanwhile, back at Constantinople, Justinian I (r. 527-565) commissioned an even more massive collection of laws, the Corpus Iuris Civilis, issued from 529 to 534 in four parts; a colossal achievement in legal scholarship, it is almost impossible to overstate how important the Corpus Iuris Civilis is for our knowledge of Roman law.

And it is not hard again to see how these sorts of literary projects represented a continuing legacy of Roman culture too (particularly the Roman culture of the third and fourth century), concerned with Roman law, Roman learning and the Roman religion, Christianity. And so when it comes to culture and literature, it seems that the change-and-continuity knight holds the field – there is quite a lot of evidence for the survival of elements of Roman culture in post-Roman western Europe, from language, to religion, to artwork and literature. Now we haven’t talked about social and economic structures (that’s part III), so one might argue we haven’t quite covered all of “culture” just yet, and it is necessary to note that this continuity was sometimes uneven. Nevertheless, the fall of Rome can hardly be said to have been the end of Roman culture.

Bret Devereaux, “Collections: Rome: Decline and Fall? Part I: Words”, A Collection of Unmitigated Pedantry, 2022-01-14.

April 13, 2025

They really are trying to shut down “wrong” speech on the internet

I’ve always been a huge fan of free speech, which has been under continuous and escalating threat by many governments both in person and online. A side-note in the ongoing Canadian federal election has been Liberal leader Mark Carney’s commitment to addressing “online harm” as he defines it:

At a campaign rally in Hamilton, Ontario, Liberal leader Mark Carney unveiled what can only be described as a coordinated assault on digital freedom in Canada. Behind the slogans, applause lines, and empty rhetoric about unity, one portion of Carney’s remarks stood out for its implications: a bold, unapologetic commitment to controlling online speech under the guise of “safety” and “misinformation”.

    We announced a series of measures with respect to online harm … a sea of misogyny, anti-Semitism, hatred, conspiracy theories — the sort of pollution that’s online that washes over our virtual borders from the United States.

He then made clear his intention to act:

    My government, if we are elected, will be taking action on those American giants who come across [our] border.

The former central banker, who now postures as a man of the people, made it clear that if the Liberals are re-elected, the federal government will intensify efforts to regulate what Canadians are allowed to see, say, and share online. His language was deliberate. Carney condemned what he called a “sea of misogyny, anti-Semitism, hatred, conspiracy theories” polluting Canada’s internet space — language borrowed directly from the Trudeau-era playbook. But this wasn’t just a moral denunciation. It was a legislative preview.

Carney spoke of a future Liberal government taking “action on those American giants who come across our borders”. Translation: he wants to bring Big Tech platforms under federal control, or at least force them to play the role of speech enforcers for the Canadian state. He blamed the United States for exporting “hate” into Canada, reinforcing the bizarre Liberal narrative that the greatest threat to national unity isn’t foreign actors like the CCP or radical Islamists — it’s Facebook memes and American podcasts.

But the most revealing moment came when Carney linked online speech directly to violence. He asserted that digital “pollution” affects how Canadians behave in real life, specifically pointing to conjugal violence, antisemitism, and drug abuse. This is how the ground is prepared for censorship: first by tying speech to harm, then by criminalizing what the state deems harmful.

What Carney didn’t say is just as important. He made no distinction between actual criminal incitement and political dissent. He offered no assurance that free expression — a right enshrined in Canada’s Charter of Rights and Freedoms — would be respected. He provided no definition of what constitutes a “conspiracy theory” or who gets to make that determination. Under this framework, any criticism of government policy, of global institutions, or of the new technocratic order could be flagged, throttled, and punished.

And that’s the point.

Mark Carney isn’t interested in dialogue. He wants obedience. He doesn’t trust Canadians to discern truth from fiction. He believes it’s the job of government — his government — to curate the national conversation, to protect citizens from wrongthink, to act as referee over what is and isn’t acceptable discourse. In short, he wants Ottawa to become the Ministry of Truth.

In Britain, their equivalent to Canada’s “online harms” legislation has induced Bitchute to discontinue service to users in the UK:

A READER alerted us to this statement posted on the Bitchute homepage, visible to geolocated UK users:

    After careful review and ongoing evaluation of the regulatory landscape in the United Kingdom, we regret to inform you that BitChute will be discontinuing its video sharing service for UK residents.

    The introduction of the UK Online Safety Act of 2023 has brought about significant changes in the regulatory framework governing online content and community interactions. Notably, the Act contains sweeping provisions and onerous corrective measures with respect to content moderation and enforcement. In particular, the broad enforcement powers granted to the regulator of communication services, Ofcom, have raised concerns regarding the open-ended and unpredictable nature of regulatory compliance for our platform.

    The BitChute platform has always operated on principles of freedom of speech, expression and association, and strived to foster an open and inclusive environment for content creators and audiences alike. However, the evolving regulatory pressures — including strict enforcement mechanisms and potential liabilities — have created an operational landscape in which continuing to serve the UK market exposes our company to unacceptable legal and compliance risks. Despite our best efforts to navigate these challenges, the uncertainty surrounding the OSA’s enforcement by Ofcom and its far-reaching implications leaves us no viable alternative but to cease normal operations in the UK.

    Therefore, effective immediately, BitChute platform users in the UK will no longer be available to view content produced by any other BitChute user. Because the OSA’s primary concern is that members of the public will view content deemed unsafe, however, we will permit UK BitChute users to continue to post content. The significant change will be that this UK user-posted content will not be viewable by any other UK user, but will be visible to other users outside of the UK. Users outside the UK may comment on that content, which the creator will continue to be able to read, delete, block, reply and flag. Users outside the UK may share UK-user produced content to other users outside of the UK as normal. In other words, for users in the UK, including content creators, the BitChute platform is no longer a user-to-UK user video sharing service.

This is the exactly the kind of consequence we at TCW feared a result of the overly restrictive and poorly written Online Safety Act 2023, which has now come into force.

The way the technology works is that websites can use a geolocation service to analyse the IP address your internet service provider has given your service, and use this to determine where you are. Google does this to tailor ads to you, Amazon does this to get you the most convenient version of their website.

Now Bitchute are using this service to protect themselves from the UK Government’s overreach.

The good news: there is a way round this.

April 12, 2025

Carney’s Liberals promise to do something that’s been part of the legal code for decades

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

Among the Conservative and Liberal mis-steps of the election campaign this week, the promise by Liberal leader Mark Carney to pass legislation to boldly and courageously do something that has been part of the firearms laws for over 40 years deserves calling out:

Your Line editors knew that guns were going to come into the campaign eventually. It’s one of the eternal issues for the Red Team, and while they seemed to have shied away from it a bit after some pretty brutal fumbling in Justin Trudeau’s later years, we figured it would be back eventually. And so it was on Thursday, when Liberal leader Mark Carney announced, as part of a package of crime policy proposals, that a re-elected Liberal government would make sure that guns were automatically taken from anyone convicted of a violent crime, including intimate partner violence.

*pulls hard on chain, activating bullshit klaxon*

See, here’s the thing, friends. First of all, to take Carney at his word here would require us accepting, even just for a moment, that this didn’t already happen. That up until Thursday of this week, the Liberals were hunky dory with people convicted of violent crimes, including intimate partner violence, keeping whatever guns they may own or wish to acquire.

That is, we suspect readers know, utter bullshit. Removing guns is already required in those circumstances, and it doesn’t even require a conviction. Police officers can seize any weapon of any type if it isn’t in the safety interest of any person, even without a warrant, and revoke any license they hold immediately.

Nobody is eligible to hold a license if it isn’t in the safety interest of a person — that’s literally the first eligibility criterion in the Firearms Act. Issuing a license requires the issuer to consider all past convictions, mental illnesses, history of violent behaviour, previous prohibitions, any potential intimate partner violence, and any potential harm to any person before they issue it. That is checked through a process called Continuous Eligibility Screening, where license holders are checked for “hits” against police systems every single day to determine whether they are still able to hold a license.

This is something almost no one outside Canada’s firearms-owning community understands, and The Line wants to underline this point — anyone with a firearms licence is automatically checked for any new legal issues that might render them unable to own firearms every single day. If you happen to find yourself hanging out with someone with a firearms licence, they were checked out by law enforcement within the last 24 hours. This includes your friends at The Line. The day you’re reading this is a day they passed another screening.

A conviction for a violent crime, it hardly need be said — well, actually, check that, apparently it does need saying — would render one rather ineligible! Not only is this already the law, but there are so many overlapping laws to deal with that exact scenario that it takes real effort to be ignorant of them. Weapon prohibition orders on conviction for violent offences? Already a thing at the federal and provincial levels. Prohibitions while on bail? Already a thing. Firearm seizures during divorces? Not automatic, but common, sometimes even where there is no history of violence or reasonable belief that violence is likely.

The Liberals know all this, especially since it was the Liberals who last changed these laws — though not to add the removal provisions, which largely already existed, but to remove any discretion or ability for rehabilitation.

Every party is fine with keeping guns away from domestic violence perpetrators. Carney making this an issue is bullshit. He’s counting on the public to not know enough to call him out on it.

It’ll probably work.

Oh, and by the way. If you don’t want to take our word for any of the above, you can just read the Firearms Act yourself. Relevant section, below.

April 2, 2025

Iceland’s “double standards about sex between adults and minors … exposes grey areas in victim-centered sanctimony”

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

Janice Fiamengo discusses the recent revelation that Iceland’s Minister for Education and Children’s Affairs, Ásthildur Lóa Thórsdóttir, had an affair with an under-age teen when she was in her 20s:

Last week, Ásthildur Lóa Thórsdóttir [right], Iceland’s Minister for Education and Children’s Affairs, was revealed to have had a sexual relationship with a teen boy decades ago, when she was 23 years old. The case vividly highlights the west’s double standards about sex between adults and minors, and it exposes grey areas in victim-centered sanctimony.

That the case occurred in Iceland, a feminist stronghold with a female president, a female prime minister, and a claimed “zero-tolerance policy for sexual abuse and exploitation of children“, is not at all surprising. No one seriously expects feminists to apply their touted compassion to male teenagers; and no one believes that their championing of gender equality includes sexual probity for women.

Iceland is so thoroughly feminist that in 2023, the prime minister herself joined other women on a one-day strike to demand, amongst other utopian objectives, “an end to unequal pay,” neatly sidestepping (while illustrating) that the so-called pay gap is caused primarily by women’s tendency to work fewer hours than men do. Female moral innocence is such a cherished belief of the Nordic island nation that it has designated 2025 as Women’s Year, with “12 months of events dedicated to progressing gender equality.” (Interested readers should consult a gushing Guardian article, “Women are the best to women“, which depicts Iceland as a near-idyllic women-led community in which men hardly figure.)

Clearly, when the most powerful woman in the country can take a day off to showcase women’s alleged lack of power, few women are prepared to consider their own potential abuse of it.

That brings us to the Minister for Children’s Affairs, who appeared flabbergasted last week to find that her long-ago sexual past has become fodder for unsympathetic public discussion and suggestions of serious impropriety. “I understand … what it looks like“, she is quoted as saying to reporters, seemingly exasperated at how difficult it is “to get the right story in the news today”. At 58 years of age, Thórsdóttir is being given a tiny glimpse into what thousands of men have experienced since feminism entered its Jacobin phase.

Over three decades ago, Thórsdóttir began a relationship with a 15-year-old boy who was attending her church group. He has been identified as Eirik Asmundsson. He was a troubled boy with a chaotic home life, and she was an adult member in the group; newspaper articles have said that she was a group counselor, which she denies. She claims that the relationship did not become sexual until the boy was 16, and that he pursued her.

Thórsdóttir eventually gave birth to a child — a son — when she was 23 and Asmundsson was 16. She claims, again contrary to news reports, that their sexual relationship was long over by then, having lasted only a few weeks. What is undisputed is that she forced the boy to pay child support for 18 years, long after she had met and married another man, which occurred about a year after the child’s birth. She also opposed numerous requests by her child’s father to form and maintain a relationship with his son. Overall, she treated the boy shamefully.

Naturally, if a male government minister had been found to have been sexually involved with, impregnated, and then split from a 15- or 16-year-old girl when he was 22, especially when he was part of a religious organization in which he had some degree of moral or spiritual influence over her, there would be no public doubt whatsoever about his culpability.

All news reports would have been condemnatory, and his protestations, if he had been naïve enough to make any, would have been in vain. There would have been a chorus of disapproving statements from his fellow politicians in the Icelandic parliament. He would have been forced to resign from government and would likely be facing criminal investigation, perhaps for custodial rape (sex with a youth in one’s employment, care, or custody).

In Thórsdóttir’s case, in contrast, there has been only a brief flurry of reports and limited personal fallout. She was forced to resign from her ministerial post, but she remains in government. That she has kept her job is extraordinary. The Daily Mail, while not defending her, waffled about her potential criminality, saying “The age of consent is 15 in Iceland, but it is illegal to have sex with anyone under the age of 18 if the adult holds a position of authority over them, as Thorsdottir is accused of doing“.

April 1, 2025

Marine Le Pen

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

Yet another right-of-centre European political leader has been taken out of the political arena. It’s starting to be a pattern, as the centre-left and the far left occupy a lot of the positions of power within the EU and are quite willing to use any tools at their disposal to remove actual or perceived threats to their stranglehold on the levers of power:

Marine Le Pen speaking in Lille during the 2017 French presidential election
Photo by Jérémy-Günther-Heinz Jähnick via Wikimedia Commons

Democracy is a sick joke, as the prosecution of Trump in America, Bolsonaro in Brazil, Imran Khan in Pakistan, Salvini in Italy, Georgescu in Romania, and now Le Pen in France, has displayed, unambiguously, to the whole world, if the world were capable of noticing, or thought. Each of these candidates stands accused of being a “populist” — i.e. likely to win an election, unless they had already won. Marine Le Pen is being put in prison, where the Democrats tried to put Trump (for up to 300 years on twisted and absurd charges), using the United States’ corrupt progressive judicial system. The specific charge brought against Le Pen was that she embezzled from the European bureaucracy. As all mainstream European politicians are constantly and obviously guilty of this, it was a convenient charge.

The parrot gallery is all singing that she is “far right”, this morning.

I am not your political reporter, and will not take the extravagant amount of space required to explain the detailed particulars of each case, when all are essentially simple. Democracy is a viciously corrupt system, in which the powers-that-be in each electoral district do what they think is necessary to maintain their dictatorship. Power is the only thing they care about, because with power, money can be appropriated. Truth is something they all despise. This has been my own experience, both here and abroad; and one must be a fool (though a “holy fool” perhaps) to stand up to a political establishment, for it will own even the opposition parties. (Find out what commands all-party agreement.)

I haven’t been following this story at all, and I have no idea whether the French court’s decision is fair or just, but it certainly is very convenient for those opposed to Le Pen and her party:

The French judicial system delivered a gut punch to the democratic process that ought to make any observer of history wince. Marine Le Pen, the firebrand leader of the National Rally (RN), has been convicted of embezzling European Parliament funds and barred from running for public office for five years — effective immediately. This ruling ensures she cannot contest the 2027 presidential election, a race she was poised to dominate with poll numbers hovering between 34-37%. The sentence — four years in prison (two suspended, two with an electronic bracelet) and a €100,000 fine — reads less like justice and more like a calculated assassination of a political movement. The French government and its courts have crossed a Rubicon, and the echoes of history suggest this won’t end quietly.

Let’s be clear: this isn’t about whether Le Pen is a saint. The charges stem from a scheme between 2004 and 2016, where she and 24 RN associates allegedly misused EU funds meant for parliamentary assistants to pay party staffers in France. The court claims €4 million was siphoned off, a serious accusation if proven beyond doubt. Le Pen denies it, calling it a “witch hunt” — language that resonates with anyone who’s watched populist leaders tangle with entrenched elites. But the real scandal isn’t the money; it’s the timing and the punishment. An immediate five-year ban, enforced even as she appeals, reeks of a system desperate to kneecap its most formidable opponent. This isn’t justice — it’s a power play, and the French state has a long, ugly history of bending the law to protect its own.

Rewind to 1793, when the French Revolution’s Committee of Public Safety turned the guillotine into a political tool. Robespierre and his ilk didn’t just execute aristocrats; they silenced dissenters under the guise of protecting the republic. Fast forward to the Third Republic in 1894, and you’ve got the Dreyfus Affair — Captain Alfred Dreyfus, a Jewish officer, falsely convicted of treason on flimsy evidence because the establishment wanted a scapegoat. The courts bowed to political pressure then, just as they seem to now. Le Pen’s conviction fits this pattern: a popular figure, reviled by the elite, taken out not by the ballot box but by judicial fiat. The presiding judge, Bénédicte de Perthuis, justified the immediate ban by citing “democratic public unrest” if a convicted embezzler were elected. But isn’t the greater unrest sparked by denying voters their choice?

eugyppius provides more information on the case against Le Pen:

Le Pen was convicted alongside eight other members of the Rassemblement national/Front national, and twelve parliamentary aides. She did not personally embezzle funds or enrich herself from EU coffers. Rather, prosecutors accuse her of directing aides to undertake work for her party while they were receiving salaries from the European Parliament. They claim this happened between 2004 and 2016, and that Le Pen and her associates misappropriated over four million Euros in this way. While nobody doubts the substance of the accusations, what Le Pen did was far from unusual and the sentence just seems ridiculous to me. Many European parliamentary representatives have used staff paid from parliamentary budgets for party projects – including Franziska Brantner, the present co-chair of German Green Party. Until recently this was a common practice, and even now the distinction between party and parliamentary work is not always easy to maintain, and both routinely and deliberately blurred.

Le Pen is a complex political figure, and she has not always been an unvarnished force for good. Her campaign to normalise the Rassemblement National (known as “dédiabolisation“, or “de-demonisation) came at devastating cost to Alternative für Deutschland during last year’s European elections. In service of casting the Rassemblement National as something less than “far right”, Le Pen and her party attacked the AfD for their rhetoric surrounding “remigration” and even seized upon Maximilian Krah’s inept remarks about the Waffen-SS to kick the entire AfD delegation out of the Identity and Democracy faction of the European Parliament.

In the wake of these fireworks, some German commentators have suggested that the AfD undertake a de-demonisation campaign of their own, for example by distancing themselves from nationalist AfD politicians like Björn Höcke. Le Pen’s fate shows that programmes of optical moderation and attempts to claim the political centre provide no salvation. The European political establishment only claims to be worried about “the extreme right”; their true anxieties attach to their hold on power, and nothing else.

Le Pen’s sentence confirms an ominous anti-democratic tactic emerging across Europe, namely attacks on the passive suffrage of opposition politicians. At the start of this month, the Central Election Bureau of Romania withdrew Călin Georgescu’s right to run for office there, months after Georgescu emerged as the frontrunner in the first round of the presidential elections and the Romanian Constitutional Court annulled the vote. In Germany, schemes to attack passive suffrage have also been gaining ground, with the CDU and SPD openly planning to use this measure against anyone convicted more than once of the broad and ill-defined speech offence of “incitement”.

This is very bad, and I fear it is a symptom of something much worse.

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