Quotulatiousness

May 27, 2023

Communism, Democracy, Monarchy? Any form of government is inherently tyrannical once it gets big enough

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

As I’ve mentioned now and again, although I’m philosophically libertarian, I also describe myself as a “weak monarchist” … it’s not that I want a return to spurred-and-booted aristos literally lording it over everyone else, but that the central institution of the monarchy tends to tamp down some of the worst excesses of various flavours of democracy. Presidential systems put a temporary monarch on top, but a temporary monarch with real, day-to-day powers that can be — and often are — exercised to the detriment of some or all of the population. Constitutional monarchy reserves a few rarely used (and rarely needed) powers to the monarch, but delegates the vast majority of the grubby day-to-day governing stuff to grubby elected politicians. This neat division of powers progressively fails as governments attempt to take on more power to interfere in the lives of ordinary people … and that process went into overdrive with the pandemic lockdowns and so much arbitrary power put not into the hands of elected officials (who at least theoretically have to answer to the voters every now and again) but to the already bloated civil service and their extended families of government-funded but “independent” organizations delegated powers to do all sorts of mischief.

All that said, I don’t think I quite fit into Theophilus Chilton‘s group of former-libertarians-turned-monarchists, if only because I’ve always preferred keeping the monarchy in place:

One of the greatest ironies of modern non-mainstream politics in the West is the tendency on the part of libertarians (whose whole ideology supposedly centers upon the maximization of personal freedom) to eventually find their way into supporting much more authoritarian ideologies on the dissident and reactionary Right. Indeed, this is the general route that my own political convictions have taken – from libertarianism to monarchism. Many libertarians would recoil in horror at the thought, yet given the number of former libertarians in neoreaction and in the dissident Right in general, it obviously happens quite often. One of the reasons I would suggest for this is that the foibles and failures of democracy – the governing system most often associated with the libertarian view of freedom – are becoming increasingly apparent to thoughtful observers. The old propaganda used to prop up the democratic dogma in Western nations is becoming increasingly stale and unconvincing. It becomes more and more apparent that democracy does not equal freedom, just as it is becoming apparent that “freedom” is not always and in every sense something that is conducive to good government and stable society.

My purpose with this essay is not to seek to convince my libertarian or classically liberal readers to become monarchists. This may well end up being where they land, politically and ideologically speaking, but their experiences and growth may move them in other directions. What I do want to do is to try to get them started on that path by pointing out that democracy is not any better than other forms of government and may indeed be worse in some areas that we can see empirically. I want to plant a seed of doubt and encourage it to grow. If the thoughtful libertarian is to be convinced, it must be by convincing himself or herself.

Please note that throughout this article, I will refer to “democracy” in a general sense to refer to any modern popular form of government. This includes the sort of representative republican system (formerly) typified by the American government which, while not directly democratic, was still essentially democratic in its overall form and complexion.

Personal Freedom

One of the obvious objections which libertarians and other classical liberals have against monarchy (and other authoritarian governing systems in general) is that the unification of power into the hands of a single executive makes it prone to abuse and to the removal or suppression of the freedoms of the citizenry. Typically, they will envision a monarchy as some kind of police state where citizens who step out of line are severely punished and every aspect of life is closely watched and regulated by the government. This, in turn, leads to a somewhat jaundiced view of history, especially that of the much-excoriated “Dark Ages”, believed to have been a dystopia of violence and tyranny.

This view of the relevant history is, however, untrue and generally relies upon a false epistemic dichotomy that is sadly very common within libertarianism. This is the failure to distinguish between “strong government” and “big government”, the two of which are usually confounded in the classical liberal’s mind. The former term refers to the capacity of the executive to exercise power within his sphere of activity, while the latter describes the extent of the sphere of activity itself. A ruler may be strong in the sense of being decisive and effective in what he does, yet find the area in which he can legitimately act to be circumscribed by law or custom. Among most historical Western monarchies, while kings often ruled “strongly”, they were not able to rule intrusively. Their subjects were often left with a relatively wide degree of latitude in their personal and economic affairs, and the restraints of custom and social structure tended to be more constraining than the actual deeds of their king himself.

Let us contrast this with the various democracies we see in the West, both the United States and others. How much do they really respect personal freedoms? In other words, how much do they really embody the “small government” ideal desired by libertarians and other classical liberals? The answer is: not much at all. Western man lives in democracies in which he can be arrested for tweeting “hate speech” on social media. His everyday life is overseen, administered, and commandeered by a body of regulations enforced by entirely unaccountable bureaucrats who have the capacity to trap him into Kafkaesque nightmares of life-altering tribulation. Every aspect of his food, his clothing, his home, his transportation, his workplace – all controlled by the government he (wrongly) believes he elected freely. If he has any kind of well-paying job or business enterprise, he will be paying a tax rate that ancient absolute monarchs would have blushed to even suggest exacting from their subjects. Democratic governments – supposedly by and for the people – intrude into every area of his life (big government) and do so through robust and often corrupt police state apparatuses which are literally willing to break down his door and possibly shoot him and his family for even minor infractions.

So please, let us dispense with the notion that democracy protects personal freedom.

May 16, 2023

Hope for sensible reform to US Civil Asset Forfeiture?

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

J.D. Tuccille on the latest bipartisan attempt to at least somewhat rein in the Civil Asset Forfeiture abuse allowed under current rules:

Years after “civil asset forfeiture” became synonymous in many minds with legalized theft, the practice of seizing money and property merely suspected of a connection to a crime remains a boil on the ass of American jurisprudence. Now, in a rare demonstration of cooperation across political divides, Democratic and Republican lawmakers have joined together to introduce legislation to reform the practice of civil forfeiture at the federal level. They are supported by a coalition of organizations that put aside ideological differences in an attempt to curb the dangerous practice. As encouraging as the bill’s prospects appear, that this is not the first attempt to pass this legislation underlines the challenge of correcting government abuses.

“Today, U.S. Representatives Tim Walberg (R-MI) and Jamie Raskin (D-MD) reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act), a comprehensive reform to our nation’s civil asset forfeiture laws,” the two lawmakers announced in March. “The FAIR Act raises the level of proof necessary for the federal government to seize property, reforms the IRS structuring statute to protect innocent small business owners, and increases transparency and congressional oversight.”

The FAIR Act sets a higher bar for seizing private property, but still allows for civil forfeiture in the absence of a criminal conviction. The legislation requires:

“If the Government’s theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that … there was a substantial connection between the property and the offense; and the owner of any interest in the seized property — (i) used the property with intent to facilitate the offense; or knowingly consented or was willfully blind to the use of the property by another in connection with the offense.”

The bill requires that seizures be conducted in court rather than through administrative processes and also guarantees legal representation for federal forfeiture targets.

The FAIR Act isn’t a perfect bill. Many reformers will object that forfeiture should require the criminal conviction of the person whose money and property is being taken. Draining somebody’s bank account and nabbing their car keys may not be as dramatic as throwing them in a prison cell, but it’s a harsh punishment all the same and should require full due process. Still, some improvement is better than none for a practice that has largely served as an exercise in legalized highway robbery.

May 15, 2023

Paul Wells – “Unworkable and swiftly-disavowed tinpot dictatorship is, statistically, one of the least damaging forms of tinpot dictatorship”

Paul Wells follows up last week’s rather disturbing report that the Liberal Party’s big gathering in Ottawa extruded a resolution to get “The Government” to work toward forcing journalists (and those peasant bloggers like Paul Wells) to only publish things that the sources informing it could be “traced” by that same authority:

Last Friday I wrote about a policy resolution at the big Liberal Party of Canada national convention that was, in my opinion, bad. This was the resolution that would have the party “request the government explore options” to “hold on-line information sources accountable” by requiring that they “limit publication only to material whose sources can be traced”.

How do you limit publication to traceable sources? I have to assume you clear the sources. “This resolution has no meaning,” wrote I, “unless it means I would be required to clear my posts through the federal government, before publication, so the ‘traceability’ of my sources could be verified.”

Some people disagreed, but I had a hard time getting them to describe what it could mean if it wasn’t what I thought. I was careful to note that party conventions aren’t binding on governments. Commenters sympathetic to the Trudeau government latched onto all the this-might-mean-nothing language, the stuff about “request” and “explore options.” At their convention, a tiny minority of registered Liberal delegates attended a “policy workshop” at which nothing was debated. Amid considerable confusion about where these resolutions were in the party’s own process — Althia Raj covered it on Twitter; go look if you like — this resolution became party policy with no discussion at all. That was on Saturday.

On Tuesday, Justin Trudeau went before reporters and said no Liberal government would ever implement this Liberal policy. Other cabinet ministers followed suit, and one MP who didn’t benefit from the counsel of the Monday-morning issues-management call had a rougher time executing the U-turn.

Look, I think the amount of self-inflicted ballistic damage to the government’s own foot here is minor. Unworkable and swiftly-disavowed tinpot dictatorship is, statistically, one of the least damaging forms of tinpot dictatorship.

But I want to let everyone in on a secret of my journalism, and indeed of most journalism: Criticism of politicians is often advice to politicians. I actually don’t spend a lot of time hoping governments and opposition parties will keep pursuing self-destructive and country-destructive choices indefinitely. I always hope a bit of mockery, especially pre-emptive mockery, will help inform their choices. If it stings when Wells writes it, it might sting worse when everyone is saying it.

Ministers of the Crown who didn’t need to wait for the Monday-morning issues-management meeting to tell them what to think could have spent the weekend thinking for themselves. They might even have invited their own staffs, riding executives, and Liberals at large to think for themselves. A dozen or so hardy souls, out of 3,500 registered delegates, might then have showed up to the policy workshop willing to debate.

“Uh, Paragraph Two looks hinky. How would a government enforce that?”

“Well, it doesn’t apply to reputable journalists.”

“Great, thanks. Remind me who decides who’s reputable? Any thought on who’ll be making those calls once we’re no longer in government?”

Maybe somebody would have added a friendly amendment. “For greater clarity, nothing in this paragraph impinges …”

I can even imagine a cabinet minister showing up for those floor debates and influencing the party’s direction single-handed. I’ve seen it happen in other parties. But I had Liberal friends over the weekend explain to me that no such thing ever happens. Fine, it’s your funeral. Basically we’re watching a party choose between two different models of public-policy deliberation:

OPTION 1: Smart people think and talk.

OPTION 2: Everybody in the party defends rickety thinking until it blows up in their faces.

I’m not kidding when I tell you most people in political communications would defend Option 2. We’re living in a time that values message over thinking. But folks can’t say I didn’t warn them.

May 10, 2023

From Thomas Szasz to Jordan Neely – how noble ideals can lead to terrible results

At Samizdata, Natalie Solent remembers how her early discovery of Ideology and Insanity by Thomas Szasz helped to shape her philosophical views in a generally libertarian direction. On the other hand, as the death of Jordan Neely shows, one of the long-term results of Szasz’s denunciation of the institutionalization of the mentally ill has been a vast increase in violence, vandalism, and anti-social behaviour in urban areas:

    Szasz believed that if we accept that “mental illness” is a euphemism for behaviors that are disapproved of, then the state has no right to force psychiatric “treatment” on these individuals

Great stuff. I think Szasz still has much to teach us… but I suppose by now you have all heard of the killing of Jordan Neely on a New York subway train?

I have linked to the Wikipedia account for convenience, but I do not trust Wikipedia. There are very few media outlets I do trust on subjects like this. The magazine USA Today initially called Neely a “beloved subway performer”. USA Today has changed the article since, but I saw it when it still had the original wording. The article was right to say that Jordan Neely was a human being with a tragic past, but he was not beloved by users of the New York subway. Back in 2013, a Reddit post on /r/nyc warned passengers, “Try to stay away from the Michael Jackson impersonator if you see him … Just avoid the guy at all costs, try not to look at him at all. Stay safe.” That was Neely. By the time of his death, he had been arrested more than forty times, including for crimes of violence.

There are thousands of Americans like Neely who still live as he lived, exercising the right Thomas Szasz helped gain them to be mentally ill (or whatever you want to call it) drug addicts living on the subways and roadside verges of America. It is not going well for them or for others. A viral graph shows the declining proportion of Americans held in mental hospitals and the rising proportion of Americans held in prisons forming a neat “X” over the course of the twentieth century. Liberals in the U.S. sense have a prodigious capacity to not see inconvenient facts, but even they are being forced to notice that the presence of the crazies and junkies is causing their beloved public spaces and public facilities to become dirty, frightening places to which much of the public only goes when it must.

There is a libertarian solution of course: fewer public spaces. This would increase, not decrease, the number of places where the public could happily go. Junkies and crazies are much less of a problem in shopping malls, because the owners still retain some power to eject them. I feel no shame in saying that a further benefit would be that said junkies and crazies would be under more pressure to seek treatment if the state no longer facilitated them sleeping on the sidewalks and the subway trains.

Unfortunately for everyone, this solution is politically impossible in the current climate. Even in the miraculous event that the public transport systems and the streets of New York, San Francisco and Chicago were privatised tomorrow, anti-discrimination law would ensure that practically no one could be excluded.

Thomas Szasz had a noble ideal. Sadly, the way it combined with the dominant ideals of our time has produced very bad results. I know what should and could be done to make things better in a sane society, but the US in 2023 is not that society. So what can be done?

May 6, 2023

The federal Liberals want even more control over the internet

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

Paul Wells notes that a policy proposal at the Liberal conference this week indicates just how much the Liberal Party of Canada wants to control free expression on the internet:

Here on the 2023 Liberal convention’s “Open Policy Process” page are links to “Top 20 Resolutions” and “Fast-Tracked Resolutions”. The latter go straight to the plenary floor, the former go through a smaller preliminary debate and, if they pass, then on to the plenary. These things move fast because, in most cases, Liberals are paying only listless attention to the discussions. Policy is for New Democrats. Well, I mean, it used to be.

But sometimes words have meaning, so this morning I’m passing on one of the Top 20 Resolutions, from pages 12 and 13 of that book. This one comes to us from the British Columbia wing of the party.

It’s in two screenshots simply because it spreads across two pages. This is the entire resolution.

BC Liberals want “on-line information services” held “accountable for the veracity of material published on their platforms” by “the Government”. The Government would, in turn, “limit publication only to material whose sources can be traced”.

This resolution has no meaning unless it means I would be required to clear my posts through the federal government, before publication, so the “traceability” of my sources could be verified. I don’t suppose this clearance process would take too much more time than getting a passport or a response to an access-to-information request. Probably only a few months, at first. Per article.

After publication, “the Government” would hold me accountable for the veracity of my material, presumably through some new mechanism beyond existing libel law.

I’m not sure what “the Government” — I’m tickled by the way it’s capitalized, like Big Brother — would have made of this post, in which I quote an unnamed senior government official who was parked in front of reporters by “the Government” on the condition that he or she or they not be named. But by the plain meaning of this resolution, I would not have to wonder for long because that post would have been passed or cleared by the Government’s censors before publication, and I’m out of recourse if that process simply took longer than I might like.

May 5, 2023

Canada’s new internet rules have become law. What now?

J.J. McCullough
Published 4 May 2023

Bill C-11 has passed. But there’s still time.
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April 11, 2023

QotD: Being the target of a death threat

Filed under: Law, Liberty, Quotations, USA, Weapons — Tags: , , , , — Nicholas @ 01:00

It is now about fourteen months since, after receiving my second death threat, I started carrying a firearm almost constantly. This experience has taught me a few truths, some merely amusing but others with larger implications.

[…]

And about that security plan: carrying a firearm is nearly useless without very specific kinds of mental preparation. It’s not just that you have to think through large ethical issues about when to draw and when to fire (equivalently, when to threaten lethal force and when to use it). You also need good defensive habits of mind. Carrying a firearm is no good if an adversary wins the engagement before you have time to draw.

The most basic good habit of mind is maintaining awareness of your tactical environment. From what directions could you be attacked? Is there a way for an assailant to come up behind you for a hand-to-hand assault, or to line up a shooting position from beyond hand-to-hand range where you couldn’t see it? Are you exposed through nearby windows?

One advantage I had going in was reading Robert Heinlein as a child. This meant I soaked up some basic tactical doctrine through my pores. Like: when you go to a restaurant, sit with your back to a wall, preferably in a corner, in a place with good sightlines but not near a window. When you sit down, think about possible threat axes and which direction to bail out in if you have to.

Advice I’ve gotten from people with counterterrorism training includes this lesson: watch your environment and trust your instincts. Terrorists, criminals, and crazies don’t tend to blend in well even when they’re trying. If someone nearby looks or feels out of place in your surroundings, or behaves in a way not appropriate to the setting, pay attention to that; check your escape routes and make sure you can reach your weapons quickly.

How careful you have to be depends on the threat model you’re planning against. I’m not going to talk about mine in detail, because that might compromise my security by telling bad guys what expectations to game against. But I will say that it assigns a vanishingly small probability to professionals with scoped rifles; the background culture of both Iranian terrorists and their Arab proxies makes it extremely difficult for them to train or recruit snipers, and I am reliably informed that the Iranians couldn’t run professional hit teams in the U.S. anyway – too difficult to exfiltrate them, among other problems.

This, along with some other aspects of the threat model I won’t discuss, narrows the range of plausible threats to something an armed and trained individual with good backup from law enforcement has a reasonable hope to be able to counter. And the good backup from law enforcement is not a trivial detail; real life is not a Soldier of Fortune story or a running-man thriller, and a sane security plan uses all the resources available from your connections to the society around you.

Eric S. Raymond, “Fourteen months of carrying”, Armed and Dangerous, 2010-09-21.

April 10, 2023

1970: Welcome to SEALAND | Nationwide | Voice of the People | BBC Archive

Filed under: Britain, Europe, History, Liberty, WW2 — Tags: , , , — Nicholas @ 02:00

BBC Archive
Published 18 Dec 2022

Nationwide‘s Bob Wellings is winched up to meet the Bates, the first family of the Principality of Sealand.

Formerly HM Fort Roughs, Sealand is a concrete and iron platform in the North Sea about seven miles off the Suffolk coast. What has drawn the family to this remote place? How does living in such an unusual environment effect their day-to-day life? What are their plans for it?

Originally broadcast 19 March, 1970.
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April 8, 2023

“The evidences of history and human nature are very clear: the Enlightenment was a tremendously bad idea”

Theophilus Chilton tries to persuade conservatives and libertarians that Classical Liberalism has failed:

The Course of Empire – Destruction by Thomas Cole, 1836.
From the New York Historical Society collection via Wikimedia Commons.

The premise for this article might seem surprising to many who are used to believing that the Fukuyaman “end of history”, with its proposed ultimate victory of liberal democracy and market capitalism, is a done deal. After all, we look around the world and see the spread of democracy (even if by military force) taking place, as well as seeing the world seemingly integrated into a global economy characterized by complete fungibility of capital, resources, and labour. Yet, while this may be the façade which we are presented, it is manifestly obvious that most of what is called “democracy” is a sham and most of what is called “capitalism” is merely a cover for cronyism at the highest levels. This is the case even in the United States. We can no longer call our system “liberal” in any sort of classical sense when you can be jailed for referring to someone with the “wrong” pronoun and where the supposedly “free” press is effectively only the propaganda arm of one political party.

All over the world, classical liberalism is being supplanted by socialism and progressivism. This is obvious. What is even more obvious is that classical liberalism has been completely unable to prevent this from occurring. While there are some places where the tide is at least being slowed, this is due to the efforts of nationalists and others calling for stronger government along reactionary and traditional lines, not by those advocating for Reaganism, Thatcherism, or other manifestations of modern classical liberalism. Indeed, the two primary expressions of modern classical liberalism – libertarianism and American-style conservatism – are basically failures in every way. Libertarianism has devolved into a clown show of competing virtue signals, while conservatism (which has yet to actually conserve anything) has fastened onto itself the straitjacket of ideological dogmatism dictated to it by neo-conservatives and K-Street lobbyists.

We should not be surprised, however, that this has been the case. Classical liberalism itself was doomed from its inception. The reason for this is that classical liberalism derived directly from the sort of shoddy and shallow philosophies that drove the so-called “Enlightenment”. The Enlightenment – which we were all told was a good thing by our publik skoolz – represented a marked departure by Western civilisation from traditional realities upon which successful Western cultures were built. In contrast to the traditional values of the West, Enlightenment values represented a very skewed, unrealistic form of wishful thinking. Once these departures began to be codified into practice at the national level, it was only a matter of time before the leftward drift affected even the most morally well-insulated nations.

Below, I would like to discuss four basic areas where classical liberalism as an Enlightenment philosophy was set up for failure from the beginning.

On a somewhat less polemic level, Andrew Potter wonders if the sense of civilizational decline and dissolution many of us are feeling is down to the lack of community:

Here are some charts that were going around the social media the other day:

Boyle — a partner at Andreessen Horowitz — paired these charts with links to a series of reports and studies connecting these declines to a clutch of modern day problems, in particular rising levels of anxiety and depression, despair, most notably amongst the young.

As the boomers used to say, you don’t need a weatherman to know which way the wind is blowing. The Western world is in a bit of a funk.

Our political systems have become impossibly polarized, our economies stagger from one crisis to the next, and the welfare state is bumping up against the limits imposed by escalating costs and diminishing state capacity. All of this comes as people are losing faith in the institutions that have served for decades as the building blocks of a cohesive society. Our reserves of social capital are depleted as numerous countries report falling levels of patriotism, religiosity, and community-mindedness. Everyone’s more or less given up on having kids, while close to a third of men aged 18-30 haven’t had sex in the past year.

These stats vary from country to country, and some places are obviously doing better than others. But the trends are grim across the board; there’s no question that, in general, people in the West are in a bad way. The debate revolves around the cause or causes of these phenomena. Is it social media? The pandemic? Housing prices, debt and precarious employment?

One possibility is that the problem lies with the modern world itself. That the basket of rights-based political individualism and consumer-driven economic capitalism might provide us with all manner of creature comforts and technological wonders, but it doesn’t give us meaning. At the dark heart of liberalism lies nihilism.

This is not a new charge, it has been around as long as there has been liberalism. Yet there’s a bit of disagreement over exactly where the problem lies. For some, from Dostoevsky to the existentialists, the worry was deeply metaphysical: that in the absence of a god, or some comparable external source of absolute morality, the only alternative is raw moral relativism.

For other critics, the complaint is more aesthetic. The consumer goods and individualistic values that liberalism promotes are seen as terribly shallow and narcissistic, with the vulgar virtues of television and cheeseburgers supplanting the higher arts of opera and the terroir.

But there’s another argument, that sort of splits the difference between the metaphysical and the aesthetic worries. This is the idea that for all its promotion of radical pluralism, liberalism is actually hostile to true difference and diversity, of the sort that permits the flourishing of distinct communities. This was the central complaint of the Canadian philosopher George Grant, whose anti-American nationalism was based not on any sense that Canada was intrinsically worthwhile, but that its more collective approach to public life would foster a communitarianism that was not possible in the United States.

March 20, 2023

“It amounts to nothing less than a declaration of all-out war between the government and the Big Tech companies”

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

The editors of The Line have strong opinions on the federal government’s decision to batter Google, Facebook, and other online “giants” over their opposition to the proposed internet legislation in bills C-11 and C-18:

As a result of C-18, both Google and Meta have considered dropping news distribution from their platforms, or have outright promised to do so. To which we have responded: “Well, no shit, Sherlocks.” We have, in fact, warned all of the parties involved with this misguided bill that that’s exactly what was going to happen.

Nonetheless, the dim-witted government officials and corporate media barons who have pinned their hopes of survival to the apparent money spigot of Big Tech didn’t believe us. So when Meta came right out and said it would drop news last week, the ashen-faced Minister of Heritage accused them of using “intimidation and subversion” tactics. And, thus, these demands for private correspondence appear to have been drafted.

It amounts to nothing less than a declaration of all-out war between the government and the Big Tech companies — and, by extension, the many independent media creators like ourselves.

Well. Okey Dokey then.

*cracks knuckles*

Let’s start with two very obvious points: firstly, we at The Line don’t object to forcing these tech companies to disclose funding to third parties for the purpose of opposing C-18 et al. That is perfectly reasonable, in our minds. Further, if these companies are being accused of anything illegal, by all means, investigate away — after you get a warrant.

The rest of these demands are nothing short of banana crackers; it’s an extraordinary interpretation of the committee’s mandate. It’s the kind of overbroad dragnet that will necessarily create privacy breaches for the unknown numbers of ordinary citizens, dissidents and journalists who have corresponded with these companies about these bills.

We will remind the government that private citizens and private companies do not owe the government a full accounting of their private business or communications. The government is subject to this kind of transparency and disclosure because the government works for us. Not the other way around.

We will also point out the irony. The government is demanding years worth of correspondence from private entities within a very short time frame: this is a level of transparency that no government department would subject itself to. Don’t believe us? Just try to draft a similar ATIP request to any ministry; it would take years to get such a request fulfilled, and half if it would come back redacted.

March 19, 2023

Disagree with the Canadian government’s attempt to take over significant parts of the internet? Get ready for administrative punishment, citizens!

Michael Geist, who often seems like the only person paying close attention to the Canadian government’s growing authoritarian attitudes to Canadians’ internet usage, shows the utter hypocrisy of the feds demanding access to a vast array of private and corporate information on a two-week deadline, when it can take literally years for them to respond to a request for access to government information:

Senator Joe McCarthy would be in awe of the Canadian government’s audacious power grab.
Library of Congress photo via Wikimedia Commons.

The government plans to introduce a motion next week requiring Google and Facebook to turn over years of private third-party communication involving any Canadian regulation. The move represents more than just a remarkable escalation of its battle against the two tech companies for opposing Bill C-18 and considering blocking news sharing or linking in light of demands for hundreds of millions in payments. The motion – to be introduced by the Parliamentary Secretary to the Minister of Canadian Heritage (yes, that guy) – calls for a series of hearings on what it describes as “current and ongoing use of intimidation and subversion tactics to avoid regulation in Canada”. In the context of Bill C-18, those tactics amount to little more than making the business choice that Heritage Minister Pablo Rodriguez made clear was a function of his bill: if you link to content, you fall within the scope of the law and must pay. If you don’t link, you are out of scope.

While the same committee initially blocked Facebook from even appearing on Bill C-18 (Liberal MP Anthony Housefather said he was ready for clause-by-clause review after just four hearings and no Facebook invitation), bringing the companies to committee to investigate the implications of their plans is a reasonable approach. But the motion isn’t just about calling executives before committee to answer questions from what will no doubt be a hostile group of MPs. The same motion sweeps in the private communications of thousands of Canadians, which is a stunning disregard for privacy and which could have a dangerous chilling effect on public participation. Indeed, the intent seems fairly clear: guilt by association for anyone who dares to communicate with these companies with an attempt to undermine critics by casting doubt on their motivations. Note that this approach is only aimed at those that criticize government legislation. There has been a painfully obvious lobbying campaign in support of the bill within some Canadian media outlets, but there are no efforts to uncover potential bias or funding for those that speak out in favour of Bill C-18, Bill C-11, or other digital policy initiatives.

It is hard to overstate the broad scope of the disclosure demands. Canadian digital creators concerned with Bill C-11 who wrote to Youtube would find their correspondence disclosed to the committee. So would researchers who sought access to data from Google or Facebook on issues such as police access to social media records or anti-hate groups who contacted Facebook regarding the government’s online harms proposal for automated reports to law enforcement. Privacy advocates focused on how Google administers the right to be forgotten in Canada would ironically find their correspondence disclosed as would independent media sites that wrote to Facebook about the implications of Bill C-18.

March 16, 2023

Once it was possible to be a fully fledged techno-optimist … but things have changed for the worse

Filed under: Liberty, Technology, USA — Tags: , , , , , , — Nicholas @ 05:00

Glenn Reynolds on how he “lost his religion” about the bright, shiny techno-future so many of us looked forward to:

Okay, there’s optimism and then there’s totally unrealistic techno-utopianism…

Listening to that song reminded me of how much more overtly optimistic I was about technology and the future at the turn of the millennium. I realized that I’m somewhat less so now. But why? In truth, I think my more negative attitude has to do with people more than with the machines that Embrace the Machine characterizes as “children of our minds”. (I stole that line from Hans Moravec. Er, I mean it’s a “homage”.) But maybe there’s a connection there, between creators and creations.

It was easy to be optimistic in the 90s and at the turn of the millennium. The Soviet Union lost the Cold War, the Berlin Wall fell, and freedom and democracy and prosperity were on the march almost everywhere. Personal technology was booming, and its dark sides were not yet very apparent. (And the darker sides, like social media and smartphones, basically didn’t exist.)

And the tech companies, then, were run by people who looked very different from the people who run them now – even when, as in the case of Bill Gates, they were the same people. It’s easy to forget that Gates was once a rather libertarian figure, who boasted that Microsoft didn’t even have an office in Washington, DC. The Justice Department, via its Antitrust Division, punished him for that, and he has long since lost any libertarian inclinations, to put it mildly.

It’s a different world now. In the 1990s it seemed plausible that the work force of tech companies would rise up in revolt if their products were used for repression. In the 2020s, they rise up in revolt if they aren’t. Commercial tech products spy on you, censor you, and even stop you from doing things they disapprove of. Apple nowadays looks more like Big Brother than like a tool to smash Big Brother as presented in its famous 1984 commercial.

Silicon Valley itself is now a bastion of privilege, full of second- and third-generation tech people, rich Stanford alumni, and VC scions. It’s not a place that strives to open up society, but a place that wants to lock in the hierarchy, with itself on top. They’re pulling up the ladders just as fast as they can.

March 6, 2023

Britain’s Free Speech Union at three

Filed under: Britain, Liberty, Media, Politics — Tags: — Nicholas @ 10:00

Earlier this month, Toby Young’s Free Speech Union celebrated its third birthday:

Toby Young founded the Free Speech Union in early 2020, and on Wednesday, 1 March a party was thrown to celebrate the organisation’s third birthday. The delicate baby born just before the Covid-19 lockdowns has grown into a boisterous, disruptive toddler that stomps about the political scene breaking things.

Over 100 people came to the In and Out on St James’s Square to enjoy the FSU’s success, including Professor Nigel Biggar, whose book Colonialism was effectively cancelled by Bloomsbury when the publisher’s executives decided that “public feeling” was against its publication. The legal profession was well-represented — Francis Hoar acted as counsel in various legal challenges for those damaged by the government’s lockdowns. He was heard to complain that the Covid-19 inquiry under Lady Hallett had granted core participant status to various bereaved family groups and those suffering from long Covid, but had denied it to the hospitality and other businesses which had been pushed into bankruptcy. Other attendees included Matthew Elliott, who led Vote Leave; Matt Ridley, the author of The Rational Optimist; and Adam Afriye MP. The FSU has been remarkably successful in raising funds, and there was a good turn out of donors like Lady Bell, the widow of Bell Pottinger founder Lord Bell of Belgravia.

Young told the room what his creation had achieved in its short life so far — a paying membership of 11,000; more than 2,000 cases taken on; a staff of 16 including eight full time employees — and talked about his political campaigns. Currently in his crosshairs is the Worker Protection (Amendment of Equality Act) Bill, which has been tabled by Vera Hobhouse MP and is supported by the government. The Equality Act already imposes a duty on employers to stop their workers from being harassed by other employees in relation to a protected characteristic such as sexual orientation, disability or age. Hobhouse’s bill will extend that duty so companies can be liable for third parties’ harassing actions, unless the employer has taken “all reasonable steps” to protect them.

It is almost certain to have a chilling effect on free speech in the workplace, as well as creating additional costs which will have to be passed on to consumers — perhaps good news for HR departments, probably bad news for everyone else. The FSU hopes to see amendments proposed to the bill which will need to have public consultation, thereby delaying its parliamentary progress. It is hoped that the delay will prove fatal.

How the powers-that-be got drunk on (practically unlimited) power with the pandemic lockdowns

Brendan O’Neill on the revelations from the release of British government officials’ informal chats on WhatsApp as the initial lockdowns were imposed:

“Covid 19 Masks” by baldeaglebluff is licensed under CC BY-SA 2.0

They were laughing at us. They didn’t only lock us down. They didn’t only suspend virtually every one of our civil liberties, including a right none of us ever expected to lose: the right to leave our own homes. They didn’t only spy on us with drones, and encourage us to snitch on that neighbour going for a sneaky second jog, and fine teenagers life-ruining sums of money for holding house parties. They also chuckled about it. It was funny to them. In one of the most startling WhatsApp chats revealed in the Daily Telegraph‘s Lockdown Files, a senior civil servant says the following about Brits returning from trips abroad who were forced to quarantine in a stuffy hotel room for 10 days: “Hilarious“.

It was Simon Case, the UK’s top mandarin. In February 2021 he had a breezy virtual chat with Matt Hancock, the then health secretary. A policy had just been introduced stipulating that any Briton returning from a “red list” country – which eventually included 50 states around the world, including India and vast swathes of Africa – would have to quarantine in a hotel at a cost of £1,750 per person, later rising to £2,285. A total of 200,000 British citizens and residents endured this painful, expensive quarantine. To Hancock and his civil-service pals it was all a big laugh. “I just want to see some of the faces of people coming out of first class and into a premier inn shoe box”, chortled Mr Case. He later asked Hancock: “Any idea how many people we locked up in hotels yesterday?” Locked up in hotels. Hancock replied that 149 people “are now in Quarantine Hotels due to their own free will!”. “Hilarious”, said Case.

Hilarious? Tell that to the people whose lives were ruined by this policy. The idea that it was just reckless rich folk jetting off to exotic destinations that were on the “red list” is ridiculous, as academic Aleksandra Jolkina has explained. Consider the NHS worker who travelled to Ethiopia to visit his dying uncle and look after his sick mother. While he was there Ethiopia was added to the “red list”, meaning he could not return to the UK; he couldn’t afford to. Or the Briton who travelled to Pakistan to visit his terminally ill father. He was forced to raid the family savings to pay the return quarantine fee. As a result, his “family’s ability to survive financially” was put “at risk”. Or think about the many Brits who did not go abroad, to one of those supposedly toxic countries, because they didn’t have the funds for that stay in a “premier inn shoe box”. People who, as Jolkina describes it, could not “visit their ill relatives or wish them a final farewell”. Hilarious, right?

The sinister cruelty of lockdown is laid bare in this grotesque vision of officials laughing over a policy that caused so much heartache and hardship among often low-earning Brits whose only crime is that their families live overseas. You couldn’t have asked for a better snapshot of the feudalistic authoritarianism that underpinned the ideology of lockdown. Civil servants working from their plush homes having a giggle about a policy that inflicted severe financial pain on the diverse working classes. A health secretary breaking his own guidelines to snog his mistress while sending snide WhatsApp messages about a policy that prevented poorer citizens from kissing the cheek of a dying relative. For me, this is the most important thing about the Lockdown Files – their revelation of just how morally cavalier and even inhuman the political elites can become when they are drunk on power, when they are liberated from democratic accountability to pursue whatever extreme policies they like.

The Telegraph‘s Lockdown Files are based on more than 100,000 WhatsApp messages sent and received by Matt Hancock in the pandemic years. Hancock gave the messages to Isabel Oakeshott when she was co-writing his book, Pandemic Diaries, and now Ms Oakeshott has given them to the Telegraph. They provide only a partial insight into the machinations of lockdown, of course. Hancock is not the centre of the universe, whatever he might think to the contrary. And he says some of the messages are being taken out of context. Perhaps. Nonetheless, the Lockdown Files represent our first serious reckoning with lockdown, our first glimpse at what was happening behind the scenes of this unprecedented exercise in social control. And it’s not a pretty picture.

March 3, 2023

Progressives have steadily transitioned to the movement that denies that any personal conduct rules should apply

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

Freddie deBoer challenges his fellow leftists to identify who were the theorists that introduced the notion that personal responsibility is an anti-socialist position:

The woman whose account appears at the top of this picture started a Twitter storm, somehow, by publicly wishing that she could take her child onto the subway without exposing them to secondhand smoke. She was beset by a certain online species of ostensible leftist who is against ever trying to enforce any kind of rule, anywhere, ever. See, rules are the hand of oppression, or something, and since most of society’s rules are meant to be enforced by the police, trying to enforce them (merely wishing that they be enforced) is an endorsement of the police and their violence …

I find this attitude has become inescapable. It’s not just the attitude that the enforcement of societal rules and norms is bad, but that this is the default assumption of all right-thinking people — it’s not just a left-wing perspective but the left-wing perspective. Like so much else in contemporary left-of-center discourse, it demonstrates the total ideological poverty we’re working with. Nobody has read anything, so nobody knows anything, so you’re constantly getting yelled at by self-described radicals who have no solid footing in any systematic approach to left politics at all. Like I said before, we’re living in definitional collapse; the struggle right now is not merely that socialism can’t win but that so many self-described socialists have no deeper ideological moorings than whatever they’ve absorbed from Tumblr and “breadtube”. They think that to be a socialist means to disdain all rules because there is no substance to their socialism at all.

Chris Hayes considered the subway smoking problem last year.

Conceptually, I don’t think these problems are hard at all: the left, the socialist left, has never advocated for a system in which there are literally no expectations on personal behavior. It’s quite bizarre to suggest that this was ever a thing! Only certain extreme forms of anarchism have ever implied that society should have no rules. Go back through the history of socialist theorists and number all of the ones who believed that there should be no laws and no police to enforce them. You won’t find many! Instead you’ll find people who believed in the need for both laws that govern human behavior and constabulary forces to enforce those laws. That’s the solution to the conundrum, my friends — you have rules and you have police that enforce those rules. The belief, and the hope, is that a socialist society is one with far less need for aggressive policing, thanks to far greater economic equality, and maybe someday, after the end of material need, we can consider a policeless society. But not having any social rules or people who enforce those rules is not a socialist concept and never has been. What I would ask Chris Hayes and people like him is … what is the leftist tradition that you’re drawing from that implies that there should be no enforcement of behavioral norms? What thinker? What book? What philosophy? Or, could it be that you’ve developed this totally substance-free approach to basic order because you’ve been habituated to talking this way through exposure to people on social media who know nothing about anything in particular?

Of course, there’s big problems with American policing. Very big problems indeed. So what we do is reform policing. (I address this at length in my next book, coming this fall from Simon & Schuster.) Alternatively, if you’re really committed to this “no rules, no enforcement” thing, you become an anarchist of a very particular stripe — most versions of anarchism have both rules and enforcement mechanisms for them — and you and your compatriots can try to change the system. All twelve of you. In the house your wealthy parents bought for you.

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