Quotulatiousness

May 19, 2022

QotD: “Rules of engagement” for home intruder drills

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

To very loosely paraphrase a big city major crimes detective of my acquaintance who has investigated more than a few of these sorts of incidents, most of the time someone is in your house, it’s because they think you aren’t. (I mean, unless you live the sort of life where you have targeted assassination squads after you, and I’m afraid that that sort of thing is way, way outside of my lane.)

Lying silently in wait in the dark for someone to shoot is practically a recipe for starring in a Claude Werner blog post. Your house is not a free-fire zone, and you are not laying ambushes for Charlie on the Ho Chi Minh trail.

Even if it is a bad guy and not a family member, pet, or drunk neighbor, ensconcing oneself in a safe position, dialing 911, and loudly announcing that you have a gun and have called the cops is likely to save money for carpet cleaning bills and legal fees.

A friend quipped “What, and no advice to drag the body inside?”, which was funny, but … y’know what? I got to thinking about that, and this is even worse advice than that.

Jes’ drag ’em inna house” is something that most non-dumb people who have watched some TV police procedurals can suss out for themselves as bad advice. It trips the BS detectors of all but the most inept.

But this? This sounds like plausible advice because it sounds like how “bad guy in the house” scenarios play out in Hollywood. The bad guy is never a tweaker who’s after a watch and some jewelry and who bolts when they realize the homeowner is there and armed. (It’s also never the homeowner’s husband home a day early from a business trip.) It’s always some elite killer team or serial murderer who’s there specifically to get the homeowner. And why wouldn’t you want to hide and ambush those guys?

Tamara Keel, “Rules of Engagement”, View From The Porch, 2019-03-27.

May 18, 2022

From “Software as a Service” to “Property as a Service” then to “Hypercapitalism” aka Neo-Feudalism

Filed under: Economics, Liberty, Politics — Tags: , , , , — Nicholas @ 05:00

Whenever I could, as the software I used to depend on switched from the old-fashioned “purchase a license” to “Software as a Service” model, I found something else to use or I didn’t bother “upgrading” from the last iteration before it went SaaS. My Microsoft Office installation is the 2007 version — after that I used Open Office (and now LibreOffice) for anything Microsoft-related. Even working in the software business, I hated SaaS and I try as much as I can to avoid products distributed that way. Imagine how I feel about the expansion of that toxic idea to other areas of life, as Chris Bray discusses here:

Twenty-two years ago, the economist and social critic Jeremy Rifkin warned about the emerging commodification of human experience. Markets have always exchanged private property, he wrote, and people have grown accustomed to the act of holding it personally – that is, of owning things. But in a new “hypercapitalist” world, he warned, ownership would be concentrated in a few corporate hands, and most people would pay to access property, “in the form of short-term leases, rentals, memberships, and other service arrangements,” rather than owning it. Remember that description about leasing all of your stuff in a series of service arrangements, because you’ll be seeing it again in a minute or two.

The man was not wrong about the degree to which businesses would aspire to turn one-time sales of stuff into endless monthly purchases of a service:

And then comes the politics:

    The shift from a propertied regime based on the idea of broadly distributed ownership to an access regime based on securing short-term limited use of assets controlled by networks of suppliers changes fundamentally our notions of how economic power is to be exercised in the years ahead. Because our political institutions and laws are steeped in market-based property relations, the shift from ownership to access also portends profound changes in the way we will govern ourselves in the new century.

And this, and look closely for the most important sentences — two of them, short and adjacent:

    In a society where virtually everything is accessed, however, what happens to the personal pride, obligation, and commitment that go with ownership? And what of self-sufficiency? Being propertied goes hand in hand with being independent. Property is the means by which we gain a sense of personal autonomy in the world. When we access the means of our existence, we become far more reliant on others. While we become more connected and interdependent, do we risk at the same time becoming less self-sufficient and more vulnerable?

    The shift in the structuring of human relationships from ownership to access appears to invite a trade-off of sorts whose outcome is far from certain. Will we liberate ourselves from our possessions, only to lose a sense of obligation to the things we fashion and use? Will we become more embedded in networks of relationships, only to become more dependent on powerful networks of corporate suppliers?

Property is autonomy. That was a warning about your own life: less autonomous, more dependent. And it was, specifically, a warning about corporate capitalism on the subscription model, and the social and political effects of a concentration of property in increasingly few hands. Hypercapitalism would be the new feudalism, a system of lords and serfs.

May 17, 2022

QotD: Slavery

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

There is no doubt, if you read history, that people in the past treated other people very badly. We still do, too, but I guess it’s much more awful when society is not quite so affluent and when being on the bottom can mean starving to death. It is impossible to read history, particularly primary sources, and not to be horrified.

But part of that is that we’re imposing our values on the past. Look, history is looked at backwards, while we live forward. Take slavery (I don’t want it.) Yes, it was a horrible institution. It was also pervasive in human history, and as far as we can tell pre-history, world without end. Hell, still is as well, considerably less of the world than it was, but in Africa it’s pretty much still a thing, and not just in Arab countries.

Romans had complex rules to deal with it, and lived in fear of slave revolts.

It required mental gymnastics, because it was obvious to anyone that slaves were as human as their masters, and so a complex set of rules and philosophical separations were instituted and once any idea of the equality of man (or that man ought to be equal before the law (and G-d) the whole thing was doomed, sooner or later.

Americans tend to have a bizarre idea that slavery was always by race. I blame public school. I don’t know if it’s deliberately obscured, to emphasize the specialness of racial victimhood, or just because race and slavery are so associated in American history that it overshadows everything else. (Yes, again, is it malice or stupidity? Perhaps we should formulate an axiom that sufficiently advanced stupidity is indistinguishable from malice.)

Men and women of all colors were enslaved throughout history. Heck, in the peninsula, in the long centuries in which it was a frontier between Christian and Moor, the slaving went on both ways. […]

Roman slaves were often blond, and the citizens often of African origin. But even there, it wasn’t tied to race. (Though celts were apparently in general fairly cheap, from what I can figure.)

So. All of us have slave ancestors. ALL OF US. All of us have slave owners in our ancestry.

Even in the US — though rare — there were black slave owners. And if you’re going to parse quadroons and octaroons who might very well be slaves, you’re going to assume race is one-drop but only for non-white races.

Sarah Hoyt, “I Am Myself Alone”, According to Hoyt, 2019-02-25.

May 13, 2022

“How do they resist the logic of O’Sullivan’s Law?”

Filed under: Britain, Bureaucracy, Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 03:00

In The Critic, Ben Sixsmith considers the oddities of organizations explicitly founded to advance certain goals who steadily morph out of recognition to the point they appear to be working against their original mission:

John O’Sullivan in Prague, 8 November 2007.
Photo by Dezidor via Wikimedia Commons.

In 1989, John O’Sullivan of National Review coined O’Sullivan’s Law: “all organisations that are not actually right-wing will over time become left-wing.” Countless examples spring into the mind like toast. Is the Church of England a religious institution or a Lib Dem think tank with some eccentric uniforms? Of course religion and politics are going to intersect, but when archbishops start opining on Brexit you have to wonder. Is the Amnesty International which is now so heavily concerned with trans rights and abortion rights the same Amnesty International that used to defend political prisoners, or a kind of imitator? Both, I guess.

But how inevitable is O’Sullivan’s Law? In recent times, some institutions have avoided drifting leftwards. Substack, a platform for writers and podcasters, have raised progressive hackles by refusing to exclude alleged transphobes. “As we face growing pressure to censor content published on Substack that to some seems dubious or objectionable,” its founders have boldly said, “our answer remains the same: we make decisions based on principles not PR, we will defend free expression, and we will stick to our hands-off approach to content moderation.” Elsewhere, Elon Musk has attempted to purchase Twitter in explicit opposition to its censorious policies.

Clearly, and understandably, neither institution aims to be “right-wing” (except inasmuch as anything which is not explicitly progressive earns the label). Nor do many others. How do they resist the logic of O’Sullivan’s Law?

As a grubby hack I have no more experience running large organisations than I do making rockets and curing heart disease, but I have a couple of modest suggestions. First, the leaders of an institution should ensure that its values are not open-ended but contextually specific. You can be “inclusive” in the concrete sense that anyone can be included among applicants, for example. But if “inclusivity” is just a vague ideal, then the demands made in its name are liable to expand until your institution is no more than an excuse for an HR department.

Second, such leaders should surround themselves with people who admire the essential ethos of the institution. Conquest’s Second Law (named after Robert, the historian) states, “The behaviour of an organisation can best be predicted by assuming it to be controlled by a secret cabal of its enemies.” (Conquest pointed out that this can be literally true, such as when a bunch of smart young lads from good families graduated from Cambridge to the Secret Intelligence Services and started feeding information to the Soviets.) You can disagree on 99 out of 100 things but you have to share core premises. If I start a panda preservation society, for example, it makes no sense to give a management position to someone who thinks conserving endangered species is a waste of money and pandas are faintly ridiculous creatures. Their qualifications and experience are immaterial.

Third, an institution should not seek scale at the expense of integrity. This is especially the case with non-profit institutions. Expansion — and all the jolly business of fundraising and management that comes with it — can emphasise the means of its existence over its ends. This then makes it vulnerable to redirection.

Fourthly, and finally, any leader of an institution (especially a business) should avoid the temptation to use progressive cultural causes as a means of “woke-washing” themselves. You know what I mean. It seems like an easier way of getting moral status than, say, treating workers well. But (and I will phrase this in cynical terms because self-interest means more to us than ethics) we would do well to remember that demands can escalate. Workers can be satisfied. Professional activists? Not so much.

May 6, 2022

“Canadians might not know their constitutional history or even the text of the Charter, but they know in their bones that these orders were unconstitutional”

Long before the Freedom Convoy protests earlier this year, I’d been somewhat skeptical of the value of the Canadian Charter of Rights and Freedoms — not that I thought it was a bad thing to have a clear enumeration of Canadians’ rights, but in the degree to which those rights could be ignored or abrogated whenever the government found it convenient to do so. The invocation of the Emergencies Act proved that lacking strong and effective absolute rights, the Charter was merely a bit of tissue paper. In The Line, Josh Dehass shows he’s not as cynical as I am about the value of the Charter and provides some history predating the current document:

In a Boston courtroom in 1761, lawyer James Otis Jr. made one of the most consequential legal arguments of all time.

Otis was challenging the legality of “writs of assistance”, a form of general warrant giving unfettered discretion to customs agents to force their way into people’s homes to search for and seize smuggled goods, and to require the “assistance” of bystanders.

“It appears to me (may it please your honours) the worst instrument of arbitrary power, the most destructive of English liberty, and the fundamental principles of the constitution, that ever was found in an English law-book,” Otis inveighed.

John Adams later described that day in court as “the first scene of the first Act of opposition to the Arbitrary claims of Great Britain. Then and there the Child Independence was born. Every Man of an immense crowded Audience appeared to me to go away, as I did, ready to take Arms against Writs of Assistants.”

This hard-won right to be secure against unreasonable searches and seizures, affirmed by Section 8 of the Canadian Charter of Rights and Freedoms, is the reason so many of us felt queasy about the Emergency Economic Measures ordered by the Liberal cabinet under the Emergencies Act in February to quell the trucker protests. Canadians might not know their constitutional history or even the text of the Charter, but they know in their bones that these orders were unconstitutional.

The emergency measures required financial institutions to search their records for customers suspected of “directly or indirectly” engaging in a “public assembly that may reasonably be expected to lead to a breach of the peace”, or “directly or indirectly” using their money to facilitate such protests, and then seize their accounts.

That’s a classic general warrant, a writ of assistance in fact, enlisting banks to help King Trudeau and Queen Freeland hunt down their political enemies without going before a judge to prove reasonable grounds that a specific offence had been committed by a specific person. Section 8 is designed to keep us secure against unreasonable searches and seizures by the executive, and the only way for individuals to maintain this security is by requiring specific warrants from an independent judiciary, barring exigent circumstances.

This profound assault on our section 8 right will hopefully be raised during Justice Paul Rouleau’s inquiry into the use of the Emergencies Act, despite Trudeau’s attempt to focus the inquiry on the truckers themselves. Even if section 8 doesn’t get examined during the inquiry, the Canadian Civil Liberties Association expects to raise it in Federal Court if they’re successful in convincing a judge to review the decision to declare the protests a national emergency.

I don’t expect anything useful to come out of this inquiry process, otherwise Trudeau wouldn’t have let it get started in the first place.

May 4, 2022

From “merely” censoring your words to seizing your funds

Filed under: Business, Liberty, Media, USA — Tags: , , , — Nicholas @ 03:00

Matt Taibbi on PayPal’s recent moves to quash independent media reporting that disagrees with or contradicts the “official story”:

In the last week or so, the online payment platform PayPal without explanation suspended the accounts of a series of individual journalists and media outlets, including the well-known alt sites Consortium and MintPress. Each received a variation of the following message:

Unlike many on the list, Consortium editor Joe Lauria succeeded in reaching a human being at the company in search of details about the frozen or “held” funds referenced in the note. The PayPal rep told him that if the company decided “there was a violation” after a half-year review period, then “it is possible” PayPal would keep the $9,348.14 remaining in Consortium‘s account, as “damages”.

“A secretive process in which they could award themselves damages, not by a judge or a jury,” Lauria says. “Totally in secret.”

Consortium, founded by the late investigative reporter Robert Parry, has been critical of NATO and the Pentagon and a consistent source of skeptical reporting about Russiagate, as well as one of just a few outlets to regularly cover the Julian Assange case with any sympathy for the accused. Ironically, one of the site’s primary themes involves exploring disinformation emanating from the intelligence community. The site has had content disrupted by platforms like Facebook before, but now its pockets are being picked in addition.

This episode ups the ante again on the content moderation movement, toward the world hinted at in the response to the Canadian trucker protests, where having the wrong opinions can result in your money being frozen or seized. Going after cash is a big jump from simply deleting speech, with a much bigger chilling effect. This is especially true in the alternative media world, where money has long been notoriously tight, and the loss of a few thousand dollars here or there can have a major effect on a site, podcast, or paper.

As MintPress founder and executive director Mnar Adley points out, the current era of content moderation — characterized by private platforms either overtly or covertly working with government to identify accounts for censure — really began with PayPal’s historic decision in 2010 to halt donations to Wikileaks. In that case, PayPal acted after receiving a letter from the State Department claiming the site’s activities were illegal.

“PayPal banning donations from WikiLeaks really set up the blueprint for today’s censorship”, Adley says.

May 2, 2022

Free speech is different from those days when people wore tricorn hats and buckles on their shoes

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

At least, those who have a strong aversion to Elon Musk allowing free speech on Twitter believe things were very different back in the olden days and we can’t allow just anyone to say whatever they want in the current year, else chaos descend:

Recently, Max Boot said that social media has to be handled differently than media did in the past, because in the 1980s we only had three TV networks and we mostly communicated ideas by chiseling pictures into rocks and firing them at neighboring towns with a trebuchet. Or, I don’t know, something like that, which I talked about here.

Now a Time magazine correspondent named Charlotte Alter — more about her in a moment — says the same thing, but with different periodization:

    But “free speech” in the 21st century means something very different than it did in the 18th, when the Founders enshrined it in the Constitution. The right to say what you want without being imprisoned is not the same as the right to broadcast disinformation to millions of people on a corporate platform. This nuance seems to be lost on some techno-wizards who see any restriction as the enemy of innovation.

That’s all she says about speech in the 18th century, so it beats the shit out of me what this comparison is supposed to mean, and I kind of suspect that it beats the shit out of her, too. But again, Alter’s it was different back then is no better than the last one that got on my nerves. The idea that the conflict over information now is wholly different than the conflict over information then is just the usual nonsense.

First, the Founders had just fought a revolutionary war that was born from print culture, from an explosion of written sources that were widely shared and widely contested. Someone like the Massachusetts colonial official Thomas Hutchinson absolutely thought, and said very clearly, that he was engaged in a contest with idiots who were spreading disinformation in print. I’ve already written about this, too.

Again, here’s how the historian Bernard Bailyn sums up Hutchinson’s view of the idiots and demagogues (like John Adams) that he was arguing with in the decade before the Revolution, and tell me if it sounds the slightest bit different than the current “misinformation” discourse from our own Thomas Hutchinsons: “The common run of the people, lacking the necessary education, leisure, and economic independence to make an impartial assessment of public problems, were mercurial playthings of leaders who could profit by exciting their fears.” I’m not sure if Hutchinson was Max Boot living in a past life or David French living in a past life, but I take this as clear evidence that at least one of them did, in fact, have past lives, and that they’ve been the same elitist whiner every time the wheel of existence has turned.

Second, all of the things the Founders enshrined in the Constitution were the products of a fierce and sustained rhetorical contest in print, as Federalists and Anti-Federalists — writing pseudonymously, like some asshole on Twitter — fought over the likely practical effects of their ideological differences. Brutus and Cato thought Publius was spreading disinformation, and Publius returned the favor. Newspapers all over the country reprinted their exchanges; 18th century political discourse was wide open, it was broadly disseminated, and it ran hot. If you want to argue that “free speech” in the 21st century means something different than it meant in the 18th, you have to say how. People argued then. In print. And then the arguments went out all over the place. I Swear.

April 29, 2022

QotD: The Rooftop Koreans

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

We should all be ready to do our duty as American citizens and, when duty calls, each of us should embrace our inner Rooftop Korean.

The year was 1992, 27 years ago right about now, and the city was Los Angeles. Several police officers who got into a videotaped brawl with a petty criminal named Rodney King were acquitted of beating him up. The city exploded. It was chaos.

I was a first-year law student, back a year from the Gulf War, and I had just joined the California Army National Guard. My unit was the 3rd Battalion, 160th Infantry, and we got called up early the first night and were on the streets for three long weeks. Making it even more delightful was the fact that the unit was in Inglewood, which was pretty much on fire. They burned most everything around, except our armory – that would have gone badly for them – and the Astro Burger.

My battalion commander grabbed then-First Lieutenant Schlichter, and we went all over the city in his humvee as he led his deployed and dispersed troops. Our soldiers came, in large part, from the areas most effected by the riots, and they were notably unpleasant to the thugs and criminals who quickly discovered our guys had no patience for nonsense. One dummy discovered that the hard way when he tried to run over some Guard soldiers from another battalion; he had a closed casket funeral.

The city went insane. Order simply ceased to exist. It was Lord of the Flies. I remember a cop totally breaking down because everything was completely out of control.

But I had a M16A1 – a real assault rifle – and I had a bunch of buddies with M16A1s. The regular folks … not so much. The decent people of LA were terrified, and with good reason. See, the dirty little secret of civilization is that it’s designed to maintain order when 99.9% of folks are orderly. But, say, if just 2% of folks stop playing by the rules … uh oh. Say LA’s population was 15 million in 1992 … that’s 300,000 bad guys. There were maybe 20,000 cops in all the area agencies then, plus 20,000 National Guard soldiers and airman, plus another 10,000 active soldiers and Marines the feds brought in. Law enforcement is based on the concept that most people will behave and that the crooks will be overwhelmed by sheer numbers of officers. But in the LA riots, law enforcement was massively outnumbered. Imposing order took time.

And until then, our citizens were on their own, at the mercy of the mob. Betting that the cavalry was going to come save you was a losing bet.

LA’s Korean shopkeepers knew that. They operated many small businesses in some of the least fashionable areas of Los Angeles, and they were already widely hated by activists, being scapegoated for problems and pathologies that long pre-dated their immigration to Southern California. So, they became targets for the mobs.

Bad decision by the mobs.

See, most of these Koreans had done their mandatory service in the Republic of Korea’s Army. Those ROK soldiers are the real deal – the Norks are not a theoretical threat and the South Korean army does not spend a lot of time talking about feelings. They were some solid dudes. So, when the local dirtbags showed up for some casual looting, they noticed the rooftops were lined with hardcore guys packing some serious heat, including the kind of scary rifles that the Democrats want to ban.

The Rooftop Koreans.

It did not take long for the bad guys to realize that the Rooftop Koreans were not playing games – they were playing for keeps. The mob went away in search of softer targets.

There’s a lesson there.

Kurt Schlichter, “Be A Rooftop Korean”, Townhall.com, 2019-05-02.

April 25, 2022

Trudeau’s Liberals shocked to discover that not everyone wants the internet censored

The free segment of The Line‘s weekend round-up looked at the federal government’s gone-wrong public consultation about their proposed internet censorship Online Harms bill:

Your Line editors have been diligently seeking out educated comment about the Liberals’ forays into Internet regulation and censorship; as we suspected, they are finding out the hard way that determining which speech is fit to be heard is a philosophical fools’ errand. Only a very little research into the history of liberal norms around free speech could have spared them the trouble, but, alas, this seems to be the lesson that every generation needs to re-learn from first principles.

Well, a little out-of-school learning landed in the laps of the Liberals back in September of last year via a seven-page letter written by Michele Austin, then-Twitter Canada’s head of public policy. She took the government’s proposed Online Harms Bill to task in a submission that was only revealed when this country’s lone Internet warrior, Saint Michael Geist (*sign of the cross*), filed an Access To Information request revealing Austin’s scathing critique.

To wit:

    Sacrifices freedom of expression to the creation of a government run system of surveillance of anyone who uses Twitter. Even the most basic procedural fairness requirements you might expect from a government-run system such as notice or warning are absent from this proposal. The requirement to “share” information at the request of Crown is also deeply troubling.

It’s rare to see a piece of proposed legislation so poorly conceived, so profoundly over-reaching, that virtually every organization asked to comment on it proves to be against it. But so it was. As Geist notes, even organizations that one would imagine to be at least nominally in favour of a regulatory regime intended to crack down on unequivocally harmful Internet carcinomas like child porn, hate speech, and terrorism, in fact came out against it. The National Association of Friendship Centres, Canadian Centre for Child Protection, Safe Harbour Outreach Project, Centre for Israel and Jewish Affairs, and the National Council of Canadian Muslims all noted that the government’s proposal stood to do much more harm to their respective communities than it would prevent.

Again, even a little bit of historical research would have demonstrated that those dastardly, evil, liberal values of “free speech” have traditionally done more to help marginalized communities than hinder them. But we digress.

Heritage Minister Pablo Rodriguez has subsequently announced the government would halt its Online Harms Bill, presumably in the wake of the disastrous consultation process. So the protests did, indeed, work. But as Geist rightly notes, the fact that he even had to spend months formally seeking out these submissions to be publicly released ought to raise serious questions about this government’s commitment to openness and transparency in how it approaches one of the most foundational freedoms we have as citizens. This is not a government that is philosophically well equipped, nor technically able, to control access to information in the way it so clearly wishes to. Something to keep in mind when evaluating its other Internet bills, C-11 and C-18.

I used to regularly post links to Michael Geist’s work, but at some point in the last few months his RSS feed went down and I stopped getting updates. I’ve relinked to his Twitter feed, which hopefully will provide notice when he publishes something on this file.

Today’s post identifies at least four problems. First, lack of transparency runs counter to promises of an open, transparent government. @justintrudeau even introduced a bill on open by default in 2014. Disclosures only via ATIP are not transparency. 2/5

Second, notion that the government was simply consulting on some ideas and will now course correct requires Canadians to overlook the reality that the actual plan was to introduce this as a bill last year. This was the Internet regulation plan. 3/5

Third, “What We Heard” report from @pablorodriguez significantly understated the extent of the public criticism and feedback. Recommendations omitted, criticisms softened. Having now seen the actual submissions, I feel misled. 4/5

Most importantly, this is part of a larger Internet regulation plan:
1️⃣Bill C-11 opens the door to regulating user generated content
2️⃣Bill C-18 mandates payments for links
3️⃣Online harms wasn’t an outlier. It reflects plan for regulating the Internet.
5/5

April 21, 2022

The fight for freedom of speech must continue

Chris Bray on the foundation of the US Republican Party (aka the “GOP”) and the fight for freedom of speech then and now:

In 1854, Whig Party members disgusted by their party’s weak opposition to the westward expansion of slavery founded the Republican Party. Two years later, the new party ran its first presidential candidate, John C. Fremont, behind the slogan that appears at the bottom of these campaign rally-song lyrics:

Free Speech, Free Press, Free Soil, Free Men, Fremont!

The reason free speech and a free press were in there as political premises in 1856, as contested values a new political party was fighting for …

Okay, hold on a minute. In 2022, we’re a little baffled that we’re fighting for free speech. An army of sniveling shitweasels insists that we need guardrails around our discourse to prevent extremism, and Twitter employees gasp and sob as some horrible monster threatens to use their platform to let people just say stuff.

Stop trying to let people speak freely, you Nazis!

The whole thing is so baffling because we feel like the other side is trying to win the game as we amble out of the locker room and get on the team bus to head back to the hotel, like, game’s over, folks, we won an hour ago. Aren’t these long-settled questions? How is it that people are trying to drive us back against the powerful course of the American free speech tradition?

And one argument I’d like to offer, if Robert Reich will allow me to make it HITLER HITLER HITLER this content should me moderated out of existence to protect democracy, is that the argument we’re hearing right now is very much one of the American traditions regarding political speech. We buried it for a long time, but it’s real, it has been quite powerful, and it’s back.

Max Fucking Boot, my God.

April 11, 2022

QotD: Programmers as craftsmen

Filed under: Business, Economics, Liberty, Quotations, Technology — Tags: , , , — Nicholas @ 01:00

The people most likely to grasp that wealth can be created are the ones who are good at making things, the craftsmen. Their hand-made objects become store-bought ones. But with the rise of industrialization there are fewer and fewer craftsmen. One of the biggest remaining groups is computer programmers.

A programmer can sit down in front of a computer and create wealth. A good piece of software is, in itself, a valuable thing. There is no manufacturing to confuse the issue. Those characters you type are a complete, finished product. If someone sat down and wrote a web browser that didn’t suck (a fine idea, by the way), the world would be that much richer.*

Everyone in a company works together to create wealth, in the sense of making more things people want. Many of the employees (e.g. the people in the mailroom or the personnel department) work at one remove from the actual making of stuff. Not the programmers. They literally think the product, one line at a time. And so it’s clearer to programmers that wealth is something that’s made, rather than being distributed, like slices of a pie, by some imaginary Daddy.

It’s also obvious to programmers that there are huge variations in the rate at which wealth is created. At Viaweb we had one programmer who was a sort of monster of productivity. I remember watching what he did one long day and estimating that he had added several hundred thousand dollars to the market value of the company. A great programmer, on a roll, could create a million dollars worth of wealth in a couple weeks. A mediocre programmer over the same period will generate zero or even negative wealth (e.g. by introducing bugs).

This is why so many of the best programmers are libertarians. In our world, you sink or swim, and there are no excuses. When those far removed from the creation of wealth — undergraduates, reporters, politicians — hear that the richest 5% of the people have half the total wealth, they tend to think injustice! An experienced programmer would be more likely to think is that all? The top 5% of programmers probably write 99% of the good software.

Wealth can be created without being sold. Scientists, till recently at least, effectively donated the wealth they created. We are all richer for knowing about penicillin, because we’re less likely to die from infections. Wealth is whatever people want, and not dying is certainly something we want. Hackers often donate their work by writing open source software that anyone can use for free. I am much the richer for the operating system FreeBSD, which I’m running on the computer I’m using now, and so is Yahoo, which runs it on all their servers.

    * This essay was written before Firefox.

Paul Graham, “How to Make Wealth”, Paul Graham, 2004-04.

April 6, 2022

Proposed new Canadian censorship rules will ███████ the ████████ unless we ████ ██

In The Line, Josh Dehaas waves off accusations against Trudeau while also highlighting just how censorious his governments proposed internet bill can be to freedom of expression online:

Comparisons of our prime minister to a dictator are self-evidently ridiculous. But the Russian example is still a case study in the harms of governments having too much power over the flow of information and ideas in a society. Trudeau is no dictator but he does helm a government in which overreach is becoming a frequent and habitual complaint. And one such area in which this government’s more illiberal tendencies are beginning to show is in the realm of media regulation. Despite pushback from groups like the Canadian Constitution Foundation and the Canadian Civil Liberties Association, the Trudeau government seems determined to press ahead with laws to control what you read, write, watch and hear online.

The Liberals have long promised three bills aimed at countering three ostensible problems with online speech. The first bill aims to correct the problem of too few people choosing CanCon, by manipulating what you watch and listen to on platforms like Netflix and Spotify. The second bill would address the problem of advertisers ditching legacy newspapers for Facebook and Google. (Apparently the $600 million bailout was not enough.) The third bill, aimed at so-called “online harms”, would try to prevent people from saying hateful things to each other on social media.

This “online harms” bill is the scariest. Recently rebranded as the “online safety” bill, it’s apparently getting an overhaul from an expert panel and will be re-tabled in a few months. Let’s hope it never comes back. A version tabled last year, Bill C-36, would have created a tribunal wherein people found guilty of “online hate speech” could have been forced to pay up to $20,000 to their accusers, plus up to $50,000 in fines. In some cases, the accusers would be allowed to remain anonymous. Unlike the rarely used hate speech provisions in the Criminal Code, the tribunal would have only needed to find that the speech was hateful on a balance of probabilities, as opposed to the higher standard of beyond a reasonable doubt.

Even more ominously, C-36 would have allowed judges presented with “reasonable grounds” that a person might commit “an offence motivated by bias, prejudice or hate” in the future to threaten the would-be hater with up to 12 months in prison.

I don’t deny that hate speech can lead to harm. But do we really want government and judges deciding what crosses the line? One person’s hateful tweet is another person’s harsh but valuable contribution. Think J.K. Rowling. Think Dave Chapelle. Or think of the University of Toronto student who wrote recently that it was hateful for a professor to show an unflattering cartoon about Iranian Supreme Leader Ali Khamenei, a man whose theocracy executes people for being gay.

Proponents of the bill will tell you that it only applies to the most extreme forms of vilification, but at the end of the day it means government-appointees deciding who gets to say what in an environment that financially incentivizes the aggrieved. People will self-censor even more than they already do.

April 4, 2022

QotD: Freedom

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

A man is not free because he’s permitted to vote for his political masters. The subjects of the late, unlamented Soviet Union enjoyed that “right”. So did the subjects of Saddam Hussein.

A man is not free because some portion of his earnings is still his to spend on a variety of attractive goods. Not if the government can punish him for choosing goods it has not approved.

A man is not free because the long arm of the law has not yet descended on his neck. That’s more properly called a stay of execution.

A man is free if, and only if, he has the unchallenged right to do as he damned well pleases with his life, his property, and with any other responsible, consenting adult, provided only that he respects the equal freedom of all other men.

Francis W. Porretto, “No Law Abridging”, Eternity Road, 2004-09-13.

March 23, 2022

The New York Times and the “world’s dullest editorial”

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

Matt Taibbi explains why a milquetoast New York Times editorial got such immense blowback from other legacy media outlets:

The New York Times ran a tepid house editorial in favor of free speech last week. A sober reaction:

One might think running botched WMD reports that got us into the Iraq war or getting a Pulitzer for lauding Stalin’s liquidation of five million kulaks might have constituted worse days — who knew? Pundits, academics, and politicians across the cultural mainstream seemed to agree with Watson, plunging into a days-long freakout over a meh editorial that shows little sign of abating.

“Appalling,” barked J-school professor Jeff Jarvis. “By the time the Times finally realizes what side it’s on, it may be too late,” screeched Philadelphia Inquirer columnist Will Bunch. “The board should retract and resign,” said journalist and former Planet Money of NPR fame founder Adam Davidson. “Toxic, brain-deadening bothsidesism,” railed Dan Froomkin of Press Watch, who went on to demand a retraction and a “mass resignation”. The aforementioned Watson agreed, saying “the NYT should retract this insanity, and replace the entire editorial board.” Not terribly relevant, but amusing still, was the reaction of actor George Takei, who said, “It’s like Bill Maher is now on the New York Times Editorial board.”

The main objection of most of the pilers-on involved the lede of the Times piece, which really was a maladroit piece of writing:

    For all the tolerance and enlightenment that modern society claims, Americans are losing hold of a fundamental right as citizens of a free country: the right to speak their minds and voice their opinions in public without fear of being shamed or shunned.

There’s obviously no legal right in America to voice an opinion without being criticized, so this line is indeed an error and an embarrassing one, for a labored-over first line of a major New York Times editorial. On the other hand, a lot of great liberal thinkers decried shaming tactics as utterly opposite to the spirit of free speech, with John Stuart Mill’s warning of a “social tyranny more formidable than many kinds of political oppression” being just one example. So, while the Times technically screwed up, cheering shaming and shunning as normal and healthy elements of life in free societies is a pretty weird gotcha. In any case, this bollocksed lede introduced a piece that had been in the works for a while, and came complete with a poll the paper commissioned in conjunction with Siena College.

[…]

This Times editorial is watered down almost the level of a public service announcement written for the Cartoon Network, or maybe a fortune cookie (“Free speech is a process, not a destination. Winning numbers 4, 9, 11, 32, 46 …”). It made the Harper’s letter read like a bin Laden fatwa, but it’s somehow arousing a bigger panic. Its critics view the mention of Republican legislative bans in conjunction with canceling as a monstrous affront, a felony case of both-sidesism. Obviously any implication that there’s any moral comparison between Republicans banning speech by law and Democrats doing it by way of informal backroom deals with unaccountable tech monopolies is unacceptable. Beyond that now, much of the commentariat seems to believe the op-ed page has outlived its usefulness unless it’s engaged in fulsome denunciations of correct targets

March 16, 2022

Canada’s rejection of the rules of a “free and democratic society” under Justin Trudeau

Filed under: Cancon, Government, Liberty — Tags: , , , — Nicholas @ 05:00

We’re now a month past the day that marked when Justin Trudeau’s government stopped even paying lip service to the Canadian Charter of Rights and Freedoms, as Madeline Weld points out:

It is noteworthy that in the aforementioned Munk Debate in which the leaders of the three major national parties – Conservative, Liberal, and NDP – butted heads, that Trudeau declared in praising the legacy of his father, Pierre Elliott Trudeau:

    First and foremost is the Charter of Rights and Freedoms, which has defined Canada as a country that stands up for individual rights, even against governments who want to take those away.

Fast forward to 2021, and those rights are no more. When it comes to getting vaccinated for Covid, it’s get the jab or get lost. Far from standing up for individual rights, Justin Trudeau’s government is snatching them away and redefining them as privileges that the government will deign to give back once a person has obeyed its edict and gotten jabbed. In August of that year, he announced that his government, if re-elected, would spend a billion dollars to help provinces create their own vaccine passports for domestic use. Trudeau also said he wouldn’t force anyone to get a Covid shot but would restrict the “privileges” of those who refuse to get one without a medical reason (which is so narrowly defined as to make it almost impossible to get an exemption). So, per Trudeau, people were free to “choose” to get the jab or lose their “privileges” of holding a job and earning a living, going to “non-essential” venues like restaurants, gyms, and theatres, and traveling on planes, trains or cruise ships. No “force” to see here, folks, move along.

So much for “standing up for individual rights, even against governments who want to take those away.” The current government’s edicts on forced vaccination violate the right to “security of the person” as defined under Section 7 of the Charter and the concept of “informed consent” as understood both in Canadian law and the United Nations’ Nuremberg Code. The Nuremberg Code was created following the Nuremberg trials of Nazi officials who conducted medical experiments on prisoners. Given that the current vaccines, employing a novel technology of mRNA encased in lipid nanoparticles or DNA carried in an adenovirus, are being used only under emergency Interim Orders, people who have them injected into their bodies, whether willingly or for fear of losing their newly defined “privileges” of holding a job, earning a living, and participating in society, are indeed participating in a medical experiment. But regardless of the state of development of the vaccines, no one should be subjected to a medical treatment they don’t want.

Trudeau did not hide his contempt for the unvaccinated during his election campaign of 2021. In a campaign speech on September 1st, he referred to a nearby group of protesters as “anti-vaxxers”. Emphasizing the importance of vaccine passports, he said the federal government would pay for “the development of those privileges that you get once you get vaccinated”. “Everyone needs to get vaccinated, and THOSE PEOPLE,” he said, turning around and pointing at the demonstrators, “are putting us all at risk.” (“The science” – to use the current phrase – concerning Covid infections does not bear him out, but that’s another discussion.) Trudeau then contemptuously refers to his Conservative opponent Erin O’Toole as “siding with THEM” as he pointed backward with his thumb. He dismisses O’Toole’s expressed concerns about “personal choice”. “What about my choice to keep my kids safe?” He berates O’Toole, “You need to condemn those people; you need to correct them.”

Had Harper referred to terrorists or terrorist wannabes as “THOSE PEOPLE” during that Munk Debate in 2015 and said they needed to be condemned and corrected, Trudeau would no doubt have given him an earful. In fact, Trudeau is remarkably reluctant to condemn terrorists. Following the beheading of Paris school teacher Samuel Paty by a Muslim incensed that Paty had shown the Danish Mohammad cartoons in his class while discussing free speech, Trudeau said, “We will always defend freedom of expression … But freedom of expression is not without limits … In a pluralist, diverse and respectful society like ours, we owe it to ourselves to be aware of the impact of our words, of our actions on others, particularly these communities and populations who still experience a great deal of discrimination.” He said not a word about needing to “condemn” and “correct” people who kill when they’ve been offended.

But when it comes to expressing his opinions about those who decline to be injected with an experimental mRNA or DNA product, Trudeau does not seem much concerned about the impact of his words on others. For example, on a French-language TV program in September 2021, Trudeau claims that many vaccine-decliners are racist and misogynist and wonders if they should even be tolerated. Such was his diatribe that People’s Party of Canada leader Maxime Bernier tweeted a video titled “Psychopathe fasciste” (fascist psychopath).

H/T to Robert at SDA for the link.

Update: Doh! Forgot to provide the URL for Robert’s post.

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