Quotulatiousness

November 2, 2022

Bill C-18’s scheme to force payment for online links threatens freedom of expression

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

Michael Geist considers the ways that the federal government’s Bill C-18 will suppress online freedom of expression in Canada:

“Automotive Social Media Marketing” by socialautomotive is licensed under CC BY 2.0

The study into the Online News Act continues this week as the government and Bill C-18 supporters continue to insist that the bill does not involve payment for links. These claims are deceptive and plainly wrong from even a cursory reading of the bill. Simply put, there is no bigger concern with this bill. This post explains why link payments are in, why the government knows they are in, and why the approach creates serious risks to the free flow of information online and freedom of expression in Canada.

[…]

Why is the government suspending the fair dealing rights of Internet platforms in the bill? Because it knows that the platforms don’t typically use the news in a manner that would be compensable. For example, the platforms may link to the news, feature a headline with the link or sometimes offer a one-or-two sentence summary or quote from the article. These uses are generally permitted under Canada’s fair dealing copyright law rules and do not require a licence or compensation. In other words, claiming that links might qualify for compensation requires setting aside the platforms’ copyright rights which places Canada in breach of its obligations under the Berne Convention, the international treaty that governs copyright law.

The government’s intervention into the final arbitration process is further evidence that it recognizes the weakness of the argument for payments for links. Bill C-18 mandates final offer arbitration, which encourages the parties to provide their very best final offer as part of the process since the arbitrator must select one or the other. Yet Section 39 gives the arbitration panel the right to reject an offer on several policy grounds. Why would such a provision be necessary in a final arbitration system that encourages submitting your best offer? It is only necessary if you fear one side will examine the evidence and proffer a low offer on the grounds that it does not believe that there has been a demonstration of compensable value. That is a real possibility in this case given that there should be no need to compensate for links and there is little else of value. In light of that risk, the government gives the arbitration panel the power to reject offers that do not meet the government’s policy objectives.

[…]

Aside from the obvious unfairness, the broader implications of this policy are even more troubling. Once government decides that some platforms must pay to permit their users to engage in certain expression, the same principle can be applied to other policy objectives. For example, the Canadian organization Journalists for Human Rights has argued that misinformation is akin to information pollution and that platforms should pay a fee for hosting such expression much like the Bill C-18 model. The same policies can also be expanded to other areas deemed worthy of government support. Think health information or educational materials are important and that those sectors could use some additional support? Why not require payments for those links from platforms. Indeed, once the principle is established that links may require payment, the entire foundation for sharing information online is placed at risk and the essential equality of freedom of expression compromised.

To be clear, supporting journalism is important. But Bill C-18’s dangerous approach ascribes value to links where there isn’t any, regulates which platforms must pay in order to permit expression from their users, and dictates which sources are entitled to compensation. This is an unprecedented government intervention into the media and freedom of expression. If the government believes that Facebook and Google should be paying more into Canada, tax them and use the funds for journalism support. If that isn’t enough, create a fund for participation in the news system with mandated contributions similar to the Cancon broadcast world. That may not be ideal, but it would at least keep the system arms length, remove the qualification issues, and reduce the market intervention.

I suspect the government fears that Canadians would easily recognize the risks associated with mandated payments for links and fundamental unfairness with the system envisioned by Bill C-18. It is why it has misled on the inclusion of link payments, rejected the Parliamentary Budget Officer’s estimates on who benefits, and sought to frame Facebook’s concerns as a threat, when the real threat lies in the bill itself. But despite those efforts, make no mistake: Bill C-18 is a law about forcing some platforms to pay for links. It gives the government the power to regulate who pays and which expression is worthy of payment. In doing so, it creates a threat to freedom of expression for all Canadians.

November 1, 2022

If it wasn’t for double standards, the legacy media wouldn’t have any standards at all

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

At Spiked, Brendan O’Neill calls out the US mainstream media for their blatant double standards on political violence after the as-yet still mystery-shrouded attack on the husband of the Speaker of the House of Representatives over the weekend:

Paul and Nancy Pelosi, 16 February, 2022.
Detail of a photo by Amos Ben Gershom via Wikimedia Commons.

It was the mention of zip ties that got me thinking. Apparently the man who allegedly broke into the San Francisco home of Nancy and Paul Pelosi on Friday was carrying zip ties. A possibly crazed individual approaching the home of a powerful politician with plastic fasteners that can be used to bind a person’s hands – it was both a nightmarish prospect and a familiar one, too. Wasn’t another public figure in the US recently targeted by someone who had zip ties? And a gun, a knife, pepper spray and a crowbar? Yes. It was Brett Kavanaugh. But many don’t remember that. Because thanks to the media, certain acts of political hate get less traction than others.

People are rightly horrified by what happened to Paul Pelosi on Friday. David DePape allegedly broke into the Pelosi home and yelled “Where is Nancy?”. She wasn’t there. DePape then allegedly attacked Mr Pelosi, who is 82, with a hammer. Pelosi suffered a skull fracture and is still in hospital, though he is expected to make a full recovery. This was a horrific assault on an elderly person, as well as seeming to have been motivated by a deep political animus. Sadly, it was not a one-off. There was a creepily similar incident at the home of Supreme Court justice Brett Kavanaugh in Maryland in June.

A 26-year-old man from California travelled to Maryland allegedly with the intention of murdering Kavanaugh. That’s what he is charged with – attempted murder. He was armed with a tactical knife, a Glock 17 pistol, zip ties and other murderous paraphernalia. The difference between Kavanaugh’s alleged tormentor and the man who allegedly broke into the Pelosi home is that the former failed to gain entry. He spied two US marshals close to Kavanaugh’s home and called off his deadly mission. Kavanaugh was luckier than Paul Pelosi.

It is unquestionable that the assault on the Pelosi home has caused more waves and fury among the media elites than the mercifully thwarted attempted assassination of Kavanaugh did. The Kavanaugh incident swiftly faded from public consciousness. One observer wrote of the media’s “eerie silence” on Kavanaugh. It was pointed out that the “attempted assassination of Brett Kavanaugh” was being downplayed by the New York Times the very day after it happened. On the NYT‘s homepage, the Kavanaugh story was 16th in order of importance, behind stories about the new Jurassic Park movie and Kelly Clarkson’s singing skills. In that day’s paper, it was on page 20. Nate Silver said it was “crazy” that the targeting of Kavanaugh was not “treated as a bigger story”. “There’s often more bias in which stories are deemed to be salient than how they’re written about it”, he said.

That is well said. Media bias is apparent not only in the information and takes that the media publish but also in what the media decree to be important in the first place. And it would appear that the targeting of a right-wing, pro-life justice is less important – a lot less important – than the targeting of the home of a Democratic, pro-choice politician. Politics is clearly at play here. Kavanaugh’s moral outlook runs counter to that of the liberal media and coastal elites, and thus he makes for an unsympathetic character. Nancy Pelosi, on the other hand – she’s the crusading Democrat the chattering classes love. An assault on her home moves the liberal elites profoundly.

On the rapidly changing reported details of the attack on Paul Pelosi, Jim Treacher has some salient questions:

First things first: Paul Pelosi is currently in the hospital recovering from his attack, and here’s wishing him a speedy recovery. It sounds horrible and I wouldn’t wish it on anybody. Crime in America is spiraling out of control.

Now …

The Pelosis are worth somewhere north of $100 million. Nancy Pelosi is the speaker of the United States House of Representatives, and second in the line of presidential succession. You’re telling me her husband Paul was alone in a house with no security or surveillance cameras? This lunatic David DePape just walked right up to the house and broke in?

I’ve got other questions. The initial report was that DePape was in his underwear when the police caught him beating Pelosi with a hammer. Now we’re told that’s not true.

Wait, what? How do you get that detail wrong? Did it come from the police? I can understand misremembering the color of his pants. But the cops couldn’t tell whether he was wearing any?

And then there’s this:

Okay, I’m just trying to picture the scene that the two responding officers saw: They entered the Pelosi home, found DePape attacking Pelosi, and stopped him.

How did they get into the house? Did they break down the door? Was it unlocked, or already open? Did DePape or Pelosi open it?

The story is that the police encountered DePape in the middle of beating Pelosi. So if DePape opened the door for them … why? Or if Pelosi opened the door for them … how?

I see a lot of people speculating that this was some sort of lovers’ quarrel, or a Grindr date gone wrong, or something along those lines. Doesn’t seem likely to me, but is it really outside the realm of possibility? Are you a homophobe? I thought we were supposed to accept all genders and preferences and whatnot. It’s 2022.

October 31, 2022

“If The Regime doesn’t have their canned narrative ready to go, it’s real news”

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

At Founding Questions, Severian offers some preliminary thoughts on the new field of “Brandonology”, specifically how to determine whether what’s in the legacy media is news or propaganda:

I’m throwing this out there now, because it’s shaping up to be a long-term project and I think we can all contribute to it as needed. But as Brandonology / FNGology is such a new discipline, it’ll help to lay in the foundations.

The first step in analyzing the “news” is determining whether or not it is, in fact, news. “News” here being defined as “an unplanned event — or catastrophic fuckup of a planned event — to which The Regime is forced to react in more or less real time”. Lot of that going around recently, such that we’re spoiled for choice. Pick pretty much any of the shenanigans in Ukraine: The botched assassination of Alexander Dugin; the Nordstream sabotage; the Ukrainian dirty bomb false flag. Those clearly fall into the “catastrophic fuckup of a planned event” category …

… or do they? Because as Z Man pointed out in great detail on his last podcast, all of that stuff seemed to catch The Regime flatfooted. Yeah, somebody planned those things, but that somebody wasn’t Brandon, or anyone close to Brandon, or anyone in position to prop up Brandon. Which is the surest tell for actual news (as defined above) right there: If The Regime doesn’t have their canned narrative ready to go, it’s real news.

The necessity of the canned narrative also allows the keen Brandonologist to anticipate the “news”. For instance, it has obviously started to dawn on The Regime that they’re going to get walloped in the midterms, so they’re trying out narratives as we speak. Z Man identified one I hadn’t seen, something about Brandon “inadvertently” saying something about the debt ceiling that’s supposed to give the Republicans all kinds of ammunition against him. I’m not so sure. I’ll have to look into it, but the fact that it squarely blames Brandon — who The Regime still insists is the very picture of mental acuity and vigor — pings my radar a bit. I think the stuff Her Nibs is rolling out is much likelier the Narrative being developed — she’s outright stating that “the Republicans” are going to engage in massive voter fraud.

Which to normal people is chutzpah beyond belief, but that’s how The Regime rolls. The 2016 election was, of course, full of Russian Hacking™. The 2020 election, by contrast, was the cleanest canvass in human history, and you’re an insurrectionist, a domestic extremist, and of course a racist if you dare to suggest the mere possibility of an American election being tampered with. But wouldn’t you know it, those dastardly Russians are going to rally here in 2022, because you can’t keep a Russian Hacker™ down. They might even hire a few prostitutes to pee on a bed for good measure; that’s how evil they are.

Further complicating the task, though, is that “botched op” thing. We’ve got Brandon et al. on record threatening Nordstream, so you know that was an American caper gone bad … but gone real, real bad, because if The Regime had been fully in the know, there’d have been a whole bunch of Tier Four Stoyak about lousy maintenance on the pipelines for months in advance.

Why aren’t you as angry and afraid as the media wants you to be?

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

Chris Bray on the unrelenting din of fear porn you get if you pay any attention to the legacy media:

It’s like a magic act where the door to the secret compartment moves slowly and has a spotlight pointed at it, and the audience sees the illusion every time, because it’s literally not an illusion, being right out there in the open, but the magician still pretends that everyone watching is shocked and baffled by the trick.

So. Via Nellie Bowles, writing at Common Sense, this summary of findings from a recent study of the American news media:

Today’s Standard-Issue Explanatory Line™ on Paul Pelosi being attacked in his home is that TRUMP TRUMP TRUMP, toxic far-right rhetoric!!!!! Ten minutes after the shabby break-in at the Katie Hobbs for Governor office was omfg literally Watergate before it evaporated into nothing much, a uniquely strange Berkeley nudist is a far-right puppet with an opening at the bottom for Donald Trump’s hand, steered by hateful rhetoric that incites violence:

[…]

Wouldn’t it be refreshing if the news media focused on a clear description of what happened before they got to the blame and politicization?

There are a dozen obvious things to say about all of this, even if you aren’t Steve Scalise — the double standard, the depiction of ordinary political criticism as “demonization”, the discarding of contradictory evidence to make round pegs fit square holes — and I’m mostly not going to bother saying them in any detail.

But the thing that has to be said is that the people who increasingly hold the attention of their audiences with hyperemotional clickbait, with the obvious manipulation of negative emotions, are warning us about the dangerous effects of hyperemotional rhetorical manipulation in the public sphere.

Ohhhhh, we’re about to LOSE OUR VERY DEMOCRACY! We tremble on the edge of a FASCIST TAKEOVER! And also, toxic rhetoric is bad.

October 30, 2022

Andrew Sullivan on the rise of Rishi Sunak (or was it “Rashid Sanook”?)

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

In the free-to-cheapskates excerpt from his Weekly Dish newsletter, Andrew Sullivan contemplates the differences between how Barack Obama was seen as a historical figure to the US media and yet that same media can’t manage to see how Prime Minister Sunak is “the British Obama”:

Rishi Sunak shortly after becoming Chancellor of the Exchequer in 2020.

In his inimitable way, Joe Biden this week celebrated the rather remarkable fact the the new Conservative prime minister in Britain is the grandson of Indian immigrants:

    As recently as today, we’ve gotten news that Rashid Sanook is now the prime minister. As my brother would say, “Go figure.” And the Conservative party! … Pretty astounding. A groundbreaking milestone. And it matters! It matters!

He got the name wrong, but he’s Joe Biden. He gets names wrong. But unlike many on the left, especially the woke left, and perhaps because he is old enough to remember the after-effects of colonialism, Biden could bring himself to see what a staggering moment it is. It really is. It has gotten a bit obscured in the incredible mess of recent Tory politics. But staring us in the face is a historic shift.

It’s an Obama moment, after a fashion.

[…]

No, Sunak didn’t run an inspirational campaign like Obama. He’s not an orator even close in skill, he hasn’t won an election in his own right, and he didn’t come out of the blue. But he’s even younger than Obama when he took office — just 42, five years younger than Obama when he became president, and, unlike Obama, a slip of a thing and only 5’7″. And, for understandable reasons, Sunak seems much less worried about the cultural and political aspects of breaking the race barrier than Obama was.

Sunak is, for example, an openly practicing and proud Hindu. He lit Diwali lights around 11 Downing Street and took his oath on the Bhagavad Gita. That’s not someone running from his heritage. And he is also a Brexiteer from conviction, and, unlike Truss, a fiscal conservative who’s a realist about what can and can’t be done in a period of extraordinary economic stress for Brits and massive post-Covid debt.

All of this suggests something too many liberals have forgotten. These countries of alleged “white supremacy” have less racism than almost anywhere else in the world. It is hard to imagine a non-white president of France or Germany or Italy — let alone China or Russia or anywhere in Central Europe. It is hard to think of another empire that was deliberately unwound by its architects, and who then, within two generations, installed the grandson of former colonial subjects to its most powerful office. And Obama, of course, was twice elected with more heartland white support than Hillary Clinton.

Sunak has, moreover, been selected by the Tory party — that bastion of alleged bigotry that has already had three female prime ministers in its history, and now also a non-white man, James Cleverly, as foreign secretary, and a woman of Indian ancestry, Suella Braverman, as home secretary. Three of the top four ministers of state in Sunak’s cabinet are non-white. The new chairman of the Conservative party is Nadhim Zahawi. I’m telling you this because the US MSM — who are usually obsessed with racial representation in every single mundane situation — suddenly aren’t that interested, when some of their woke priors are rattled.

This is true of the broader American left. A faction obsessed with racial “equity” cannot take a moment to observe a historical moment of extraordinary proportions. Some, like Trevor Noah, have even completely invented a racist “backlash” against Sunak that simply hasn’t happened, apart from one call on one radio call-in show. (I was on BBC Radio this morning talking to an interviewer who was simply baffled by the projection.)

Noah has the excuse of being a comedian. But the New York Times‘ coverage has been almost as ludicrously slanted as its usual coverage of post-Brexit Britain, and it quickly ran two op-eds by British leftists trashing Sunak. Every story that refers to his ethnicity always slams his class “privilege” — i.e. that his parents were middle-class children of immigrants. This morning, the paper ran another hit-piece on Sunak’s wealth. The only benefit of his Indian ancestry appears to be that he will help the Indian diaspora in Britain itself. The incredible arc of imperial history finally coming full circle? Barely a mention.

The Economist is the most over-rated publication in the English language”

Filed under: Books, Britain, Business, History, Media, WW2 — Tags: , , — Nicholas @ 03:00

I started reading The Economist when I was in college, and became a subscriber for nearly 20 years. Over the last few years, the tone of the articles shifted away from classical liberal toward communitarian or even full-blown socialist cheerleading, so I sadly ended my subscription and haven’t picked up a copy in at least 15 years. According to Ken Whyte in the SHuSH newsletter, things haven’t improved since I stopped paying attention:

The Economist recently said that book publishing in today’s economy resembles book publishing during the Second World War when “paper imports collapsed” and “publishers printed only sure-fire hits”.

The Economist is the most over-rated publication in the English language, especially by itself. I give it marks for its broad range of interests, ability to cover a lot of ground in relatively tight articles, and occasionally solid reporting, but if you’re going to boast incessantly about how smart you are …

… you’d better back it up. The Economist seldom does. It tends to glib, obvious, and sloppy. Most of its articles are written by anonymous b-level freelancers whose best stuff goes to outlets that afford bylines. Their work is edited to a stultifying homogeneity by a haughty grad student with a Financial Times subscription. Or so it reads.

This piece — “Books are Physically Changing Because of Inflation” — is a case in point. Paper imports to the UK were reduced during WW2 but they did not collapse. The problem for the book trade was rationing. The government restricted publishers to 60 percent of their pre-war paper volumes (later falling to 35 percent) and itself used far more tonnage for propaganda than the book industry normally required. Manpower shortages were another factor limiting the production of new titles.

Nor is it true that publishers released “only sure-fire hits”. While much of their paper allotment went to keeping hot-selling books in stock, many bets were placed on new titles and most of them paid. It was wartime and leisure activities were limited. “British publishers found that they could sell virtually any title,” writes Zoe Thomson in The Journal of Publishing Culture.

The article isn’t all bad. It reports that British book publishers are paying 70% more for paper than they were a year ago: “Supplies are erratic as well as expensive: paper mills have taken to switching off on days when electricity is too pricey. The card used in hardback covers has at times been all but unobtainable.”

To cope with the price increases, publishers are printing smaller books on cheaper paper and jamming more words onto the page. Writers are being asked to write shorter and are being held to their word limits.

That reflects the current state of the industry. It’s hardly news, though. SHuSH readers are probably sick of hearing me on rising paper and printing costs, and I’ve just been following what others have written. The cost of printing has more or less doubled since before COVID. Many smaller publishers are already releasing fewer and slimmer titles. If we are headed into a recession, the trend will continue.

October 27, 2022

Rishi Sunak becoming PM apparently – wait for it – proves that systemic racism is still a thing in Britain

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

You’d think the first non-white British PM would help dispel the constant claims that British society is still deeply racist, but as Theodore Dalrymple shows, that underestimates the political need to use “racism” as a rhetorical stick to beat the electorate with:

Rishi Sunak shortly after becoming Chancellor of the Exchequer in 2020.

The new British Prime Minister, Rishi Sunak, is the son of Punjabi immigrants from East Africa. You might have thought that this would satisfy, or at least please, the anti-racism lobby, by demonstrating that British society is an open one, not completely sclerosed by racist prejudice: but you would be wrong.

An opposition member of parliament called Nadia Whittome, herself of Indian origin, tweeted that Sunak’s appointment to the highest political position was not a victory for Asian representation.

This follows the assertion not long ago by Rupa Huq, another Member of Parliament of Indian subcontinental origin, that Kwasi Kwarteng, former Prime Minister Liz Truss’s short-lived Chancellor of the Exchequer, was only “superficially black” because he spoke what in England is called the King’s English. She said that, listening to him on the radio, one would not even know that he was black. Instead, he spoke like the highly educated person he was, which in Huq’s opinion was incompatible with being black. Whites are not the only racists.

The remarks by these two female politicians, all the more significant because they were spontaneous rather than deeply considered, reveal something about the nature of modern identity politics: that the function of minorities (whether racial, sexual, or other) is to act as vote-fodder for political entrepreneurs of a certain stripe. It’s therefore the duty of minorities to remain the victims of prejudice against them and not to rise in the social scale by their own efforts: To do so is to betray the cause and above all their supposed leaders.

The reason that Whittome considers that Sunak’s appointment isn’t a victory for Asian representation is that, although of Asian origin, his parents (his father was a doctor) had him expensively educated and Sunak is now a multimillionaire, unlike most people of Asian origin — to say nothing of most whites.

There are, of course, other ways in which he isn’t representative of the Asian, or any other, population, the most important of which is that he’s of far above-average intelligence. (I must here point out also that while a certain level of intelligence is a necessary condition for a successful political career, it’s far from being a sufficient one.)

Representative government doesn’t mean that the representatives in the legislature or government must reflect the population demographically, such that — for example — 5 percent of them must have IQ’s of less than 70, though increasingly it may appear that they do. Nor are a person’s political or social views straightforwardly a reflection of his or her own economic position: If they were, Engels (who was a factory owner and rode to hounds) would never have been Marx’s collaborator, and Marx himself would not have written Capital, for he was no more proletarian than is King Charles.

October 26, 2022

You apparently only need to worry about inflation if you’re one of the “little people”

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

Tom Knighton was angered by a recent comment from a well-to-do type who is frustrated at all the “needless” worry about inflation when there are “bigger concerns” in play:

I really don’t like talking about my personal life too much, but I kind of feel like I have to. It started a couple of days when Never Trumper Tom Nichols tweeted this:

Frankly, I’m still pissed about it three days later.

You see, it must be nice for Nichols to view this as a problem of perspective, that people just aren’t seeing the forest for the trees because gas is a tad high.

I can’t be one of those people.

For the record, I think of myself as a working-class writer. I don’t make those six-figure salaries and socialize with the elite at cocktail parties. I make enough to support my family of four in what many could generously term a modest lifestyle.

And I’m OK with that. While I want more, I love the fact that my work life is what it is and I have tons more freedom to do what I want throughout the day.

These days, though, things are different.

You see, while Nichols pretends it’s just people a little grumpy about gas prices, I see the harsh reality that people like him never will.

I’m the guy looking at the time before the next paycheck and realizing that we might not have food in the house for a day or two. I’m the one trying to decide how to stretch the last $40 in our bank account to cover those couple of days and praying it will. I’m also the one who knows that two years ago, this wasn’t a problem.

Hell, a year ago, it wasn’t an issue.

And I don’t make awful money, all things considered. I can only imagine what it’s like for those whose families don’t bring in what I normally make.

For Nichols to get worked up because people don’t see any existential crisis but do see the harsh reality slapping them in the face day in, day out sounds an awful lot like “Let them eat cake” to me.

Unfortunately, that’s what folks like Nichols think.

Nichols, who seems to believe in expertise based on his previous work, is talking about stuff he knows nothing about, things he lacks the expertise to comprehend.

The current inflation isn’t just some mild inconvenience. It’s not one of those things where we all can just shrug and push through until better times. It’s real and it’s here and it’s hurting people like me.

That gives me a certain amount of expertise because this is my life and my livelihood. This is how my family suffers.

I’m very much with him on this, as rising inflation is already a pretty big concern for us and it doesn’t look like it’ll get better any time soon.

When mere accusation functions as a “guilty” verdict

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

I don’t follow hockey at all, so I hadn’t heard anything about the case of Jake Virtanen and the Vancouver Canucks after Virtanen was accused (but found not guilty) of sexual assault. Janice Fiamengo provides an outline of the case:

NHL forward Jake Virtanen’s once-promising career with the Vancouver Canucks was torpedoed by a rape allegation, and even after he was acquitted in a court of law, detractors have demanded he be shunned as a sexual predator.

In the summer of 2021, Virtanen was first suspended and then bought out by the Canucks after a woman alleged that he had sexually assaulted her in his hotel room in September of 2017. The woman had accompanied Virtanen to his room after a night of partying. She claimed that after she repeatedly refused his sexual overtures, he forced himself on her; Virtanen said the sex had been consensual.

The fact that the complainant stayed the night with her alleged rapist and then waited nearly four years to tell anyone or report to police may have played a role in the jury’s decision, in July of 2022, to find Virtanen not guilty. It was a He said/She said story that simply did not prove guilt.

Feminist advocates, however, couldn’t care less about the verdict, and many hockey commentators seem to feel the same way.

Mary Jane James, CEO of the Sexual Assault Centre of Edmonton, was adamant in interview with Canada’s state broadcaster that the allegation mattered far more than the verdict, and that no team in the NHL should touch Virtanen. Referring to the decision by the Edmonton Oilers to sign Virtanen to a 2-month tryout last month, James accused Oilers’ leadership of “taking the verdict at face value, regardless of what the allegations were”. It didn’t seem to matter to James that our entire justice system relies on the acceptance of verdicts over unproven allegations.

In James’ expressed opinion, any man accused of a “very, very serious” sexual crime (and what sexual crime would she not consider serious?) should be presumed guilty. Hockey teams, she insisted, need to send a message that “We are not going to associate with anyone who has this history” (i.e., of being accused).

It is an extraordinarily crude statement of contempt for the cherished principles of western jurisprudence — and would presumably not apply to Mary James herself if she were ever tried and acquitted — but it corresponds fairly closely with the thrust of recent feminist activism: Accused men should be made pariahs, and so should anyone who refuses to participate in their shunning.

October 25, 2022

Rishi Sunak becomes Britain’s latest Prime Minister

Filed under: Britain, Media, Politics — Tags: , , , , — Nicholas @ 05:00

I don’t know how the oddsmakers rate the new PM’s chances, but there’s bound to be money made and lost on how long he sticks around. In The Line, Andrew MacDougall wishes Rishi Sunak good luck in his new post:

Rishi Sunak shortly after becoming Chancellor of the Exchequer in 2020.
Wikimedia Commons.

It says something about the current dysfunction in British politics that the elevation of a third prime minister in a matter of just two months — without a single vote cast, by anyone — is seen as a relief. So all hail the new PM Rishi Sunak, a.k.a. the man who lost to Liz Truss eight weeks ago, as he takes the wheel of this drunken nation.

Sunak won the leadership of the Conservative Party — and through it, the premiership of the country — in the short and sharp race triggered by the spectacular end of the Trussterfuck all of (checks notes) four days ago. With the declared support of nearly 200 of his Parliamentary colleagues, Sunak was able to see off challenges from former prime minister Boris Johnson and current House Leader Penny Mordaunt. Both Mordaunt and Johnson declined to seek a vote by the party membership, prioritizing “party unity” instead.

It will now be up to the 42-year old Sunak, an MP for only seven years, to deliver that party unity. And good luck, as they say, with that. Because the Tories are now riven into warring factions which appear to have no more in common with each other than Jagmeet Singh does with success.

Yeah, it’s that bad.

A good first step for Sunak would be to not repeat the errors of the Truss … era? When you’re in a hole, stop digging, etc. Thankfully, Sunak already has credibility here, having spent the summer telling everyone that Truss’s economic policies would be disastrous. The former chancellor of the Exchequer is, thank Christ, well acquainted with economic reality and is expected to continue the new course set out by Jeremy Hunt, the current chancellor, who has spent his time erasing all of the dick-and-ball doodles Truss scribbled onto the economy. This will surely please the international bond markets, who are the actual rulers of the United Kingdom. It will also please mortgage holders, whose payments are now expected to go up less than during Trussonomics.

But it won’t please everyone.

Robert Hutton in The Critic, for one, welcomes the new robot PM:

The morning had been hugely enjoyable, hours of watching Tory MPs rushing to endorse Rishi Sunak while there was still time. Boris Johnson had suddenly disappeared from view, claiming that he could have won, easily, but had decided not to try. Penny Mordaunt tried her best, and claims to have come within touching distance of the 100-nomination threshold, but, just before Sir Graham Brady was going to announce the result, she issued a statement saying that she hadn’t made it. It was, of course, significantly more gracious than Johnson’s. For all the claims that his time on holiday has made him a more thoughtful and humble figure, his Sunday evening statement suggests he is as much of a petulant man-child as he ever was.

And so to the desk-banging. In fairness, the appointment of Rishi Sunak as leader and prime minister-in-waiting was, for a lot of Tory MPs, an unexpected and huge relief. People who six long weeks ago thought they’d never see the inside of a ministerial car again now glimpse a future bright with possibility, at least as far as they personally are concerned.

[…]

The oddity to the day was that we hadn’t heard from our incoming prime minister. In fact, he didn’t seem to have spoken a word in public since the start of September. Finally he popped up, and we worked out why they’d been keeping him away from the cameras.

It was a brief statement, throughout which he stared at a point just off camera, giving the impression to the viewer that he was looking over your left shoulder, hoping to catch the eye of someone more interesting who was standing behind you.

He opened by paying tribute to Liz Truss “who has led with dignity and grace through a time of great change”. Or, as the rest of us call it, “September”. His delivery was awkward, as though he had read about public speaking in a book, with frequent random pauses. “I am,” he said. “Humbled. And honoured. To have the support of my parliamentary colleagues. And to be elected as leader. Of the Conservative. And Unionist Party!”

Sebastian Millbank, on the other hand, sees Sunak as heralding the end of British sovereignty:

Sunak will be praised, despite being arguably the most privileged man in British politics, as being a triumph for diversity and social mobility, Britain’s first ethnic minority Prime Minister. But he’s also our first Californian Prime Minister — a man who believes heart and soul in the Silicon Valley “Californian ideology“, and boasts of his time in Stanford as a formative experience that gave him a “bigger, more dynamic approach to change”.

In choosing Rishi Sunak in a panicked attempt to retain power and calm the markets, Tory MPs have signed away what is left of British sovereignty over our own affairs. You will hear claims that “this is how the British system works”, that in a parliamentary democracy he need only win the confidence of parliament, and does not need to go to the country.

This is sheer and utter nonsense. The Conservative majority was elected, in its current form, on the basis of the 2019 manifesto, with its promises to strengthen the public sector, heal regional inequality, and reclaim sovereignty over our borders, law and finances. If Sunak and his party no longer intend to honour those commitments, they must win a fresh mandate in a general election.

October 24, 2022

The rise of “Queer Theory”

Filed under: Books, Health, History, Media, USA — Tags: , , , , , , , — Nicholas @ 05:00

In City Journal, Christopher F. Rufo provides the background that has lead to the widespread phenomenon of “Drag Queen Story Hour”:

Start with queer theory, the academic discipline born in 1984 with the publication of Gayle S. Rubin’s essay “Thinking Sex: Notes for a Radical Theory of the Politics of Sexuality”. Beginning in the late 1970s, Rubin, a lesbian writer and activist, had immersed herself in the subcultures of leather, bondage, orgies, fisting, and sado-masochism in San Francisco, migrating through an ephemeral network of BDSM (bondage, domination, sadomasochism) clubs, literary societies, and New Age spiritualist gatherings. In “Thinking Sex”, Rubin sought to reconcile her experiences in the sexual underworld with the broader forces of American society. Following the work of the French theorist Michel Foucault, Rubin sought to expose the power dynamics that shaped and repressed human sexual experience.

“Modern Western societies appraise sex acts according to a hierarchical system of sexual value,” Rubin wrote. “Marital, reproductive heterosexuals are alone at the top erotic pyramid. Clamouring below are unmarried monogamous heterosexuals in couples, followed by most other heterosexuals. … Stable, long-term lesbian and gay male couples are verging on respectability, but bar dykes and promiscuous gay men are hovering just above the groups at the very bottom of the pyramid. The most despised sexual castes currently include transsexuals, transvestites, fetishists, sadomasochists, sex workers such as prostitutes and porn models, and the lowliest of all, those whose eroticism transgresses generational boundaries.”

Rubin’s project — and, by extension, that of queer theory — was to interrogate, deconstruct, and subvert this sexual hierarchy and usher in a world beyond limits, much like the one she had experienced in San Francisco. The key mechanism for achieving this turn was the thesis of social construction. “The new scholarship on sexual behaviour has given sex a history and created a constructivist alternative to” the view that sex is a natural and pre-political phenomenon, Rubin wrote. “Underlying this body of work is an assumption that sexuality is constituted in society and history, not biologically ordained. This does not mean the biological capacities are not prerequisites for human sexuality. It does mean that human sexuality is not comprehensible in purely biological terms.” In other words, traditional conceptions of sex, regarding it as a natural behavior that reflects an unchanging order, are pure mythology, designed to rationalize and justify systems of oppression. For Rubin and later queer theorists, sex and gender were infinitely malleable. There was nothing permanent about human sexuality, which was, after all, “political”. Through a revolution of values, they believed, the sexual hierarchy could be torn down and rebuilt in their image.

There was some reason to believe that Rubin might be right. The sexual revolution had been conquering territory for two decades: the birth-control pill, the liberalization of laws surrounding marriage and abortion, the intellectual movements of feminism and sex liberation, the culture that had emerged around Playboy magazine. By 1984, as Rubin acknowledged, stable homosexual couples had achieved a certain amount of respectability in society. But Rubin, the queer theorists, and the fetishists of the BDSM subculture wanted more. They believed that they were on the cusp of fundamentally transforming sexual norms. “There [are] historical periods in which sexuality is more sharply contested and more overtly politicized,” Rubin wrote. “In such periods, the domain of erotic life is, in effect, renegotiated.” And, following the practice of any good negotiator, they laid out their theory of the case and their maximum demands. As Rubin explained: “A radical theory of sex must identify, describe, explain, and denounce erotic injustice and sexual oppression. Such a theory needs refined conceptual tools which can grasp the subject and hold it in view. It must build rich descriptions of sexuality as it exists in society and history. It requires a convincing critical language that can convey the barbarity of sexual persecution.” Once the ground is softened and the conventions are demystified, the sexual revolutionaries could do the work of rehabilitating the figures at the bottom of the hierarchy — “transsexuals, transvestites, fetishists, sadomasochists, sex workers”.

Where does this process end? At its logical conclusion: the abolition of restrictions on the behavior at the bottom end of the moral spectrum — pedophilia. Though she uses euphemisms such as “boylovers” and “men who love underaged youth”, Rubin makes her case clearly and emphatically. In long passages throughout “Thinking Sex”, Rubin denounces fears of child sex abuse as “erotic hysteria”, rails against anti–child pornography laws, and argues for legalizing and normalizing the behavior of “those whose eroticism transgresses generational boundaries”. These men are not deviants, but victims, in Rubin’s telling. “Like communists and homosexuals in the 1950s, boylovers are so stigmatized that it is difficult to find defenders for their civil liberties, let alone for their erotic orientation,” she explains. “Consequently, the police have feasted on them. Local police, the FBI, and watchdog postal inspectors have joined to build a huge apparatus whose sole aim is to wipe out the community of men who love underaged youth. In twenty years or so, when some of the smoke has cleared, it will be much easier to show that these men have been the victims of a savage and undeserved witch hunt.” Rubin wrote fondly of those primitive hunter-gatherer tribes in New Guinea in which “boy-love” was practiced freely.

Such positions are hardly idiosyncratic within the discipline of queer theory. The father figure of the ideology, Foucault, whom Rubin relies upon for her philosophical grounding, was a notorious sadomasochist who once joined scores of other prominent intellectuals to sign a petition to legalize adult–child sexual relationships in France. Like Rubin, Foucault haunted the underground sex scene in the Western capitals and reveled in transgressive sexuality. “It could be that the child, with his own sexuality, may have desired that adult, he may even have consented, he may even have made the first moves,” Foucault once told an interviewer on the question of sex between adults and minors. “And to assume that a child is incapable of explaining what happened and was incapable of giving his consent are two abuses that are intolerable, quite unacceptable.”

Rubin’s American compatriots made the same argument even more explicitly. Longtime Rubin collaborator Pat Califia, who would later become a transgender man, claimed that American society had turned pedophiles into “the new communists, the new niggers, the new witches”. For Califia, age-of-consent laws, religious sexual mores, and families who police the sexuality of their children represented a thousand-pound bulwark against sexual freedom. “You can’t liberate children and adolescents without disrupting the entire hierarchy of adult power and coercion and challenging the hegemony of antisex fundamentalist religious values,” she lamented. All of it — the family, the law, the religion, the culture — was a vector of oppression, and all of it had to go.

October 23, 2022

“It’s starting to be noteworthy how often people in government record their important conversations”

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

From the kindness of his heart, Paul Wells decided to make this column available to cheapskate non-paying subscribers like me because he feels it needs to be seen by a wider audience. The topic is the ongoing inquiry into the Trudeau government’s invocation of the Emergencies Act and it’s certainly promising to stay entertaining for a while (unlike the vast majority of such inquiries):

A screenshot from a YouTube video showing the protest in front of Parliament in Ottawa on 30 January, 2022.
Photo via Wikimedia Commons.

The goal of it all is to permit Rouleau to decide whether the Emergencies Act was used properly when it was invoked, for the first time in its 34-year existence, by the Trudeau government to end the mess in Ottawa’s Centretown. But it’s also a deep dive into conflicting ideas of police doctrine, the best look we’ve had at the stressed and dysfunctional city administration in Ottawa. And while we haven’t yet heard much about the Trudeau government’s processes, that’s coming. The prime minister and seven of his senior cabinet ministers, with their deputies, will testify soon.

Nobody can keep up with it. For Ottawa reporters it’s as though we’ve dragged ourselves for a decade through a desert of talking points and euphemisms into an oasis of unbelievable information bounty. The temptation is to gorge. I took Wednesday off, only to learn that Diane Deans, the city councillor who was heading the Ottawa Police Service Board when the mess began, secretly recorded the call in which she informed Mayor Jim Watson that she’d gone ahead and negotiated the hiring of an interim police chief Watson had never heard of. […]

Aaron Sorkin couldn’t have written it better. Deans tells Watson she’s found a new police chief for him in the middle of the worst public-security crises of their lives. He tells her it’s a terrible plan. She asks whether he’ll vote to remove her from her post and he won’t say, which of course is the same as saying. They talk about what to do next, in a way that leaves room for each to have an understanding of what they agreed that’s incompatible with the other’s. It’s gold. The consensus on Thursday among Parliament Hill people I talked to who’d heard the tape was that conversations like this happen all the time in workplaces across the capital, as of course they happen around the world. It’s just that usually in governments, as in most large organizations, any sign of their existence is buried under lakes of Novocaine.

It’s starting to be noteworthy how often people in government record their important conversations. Almost as though people were increasingly worried they might be lied about. When Jody Wilson-Raybould did such a thing three years ago, it was possible for her ex-colleagues to clutch their pearls and protest that such a thing just isn’t done. But after months of claims and assertions about what RCMP commissioner Brenda Lucki told the RCMP detachment in Nova Scotia, nine days after the worst mass murder in Canadian history, it’s handy to have a recording, isn’t it.

By this emerging standard, Patricia Ferguson is old-fashioned. As far as we know she didn’t record her meetings. But she did break open a notebook methodically, like clockwork, to write detailed longhand notes after her conversations. Those notes are hard to reconcile with the portrait Deans painted in her testimony a day earlier, of Peter Sloly as a lone good man, standing up for proper policing in the face of heckling and even racism from the city’s old guard.

In Ferguson’s version, it sounds like Ottawa’s cops were all reasonably good but they were cracking and colliding under immense pressure.

Ferguson described an Ottawa Police Service already worn down by the beginning of this year. There had been retirements, resignations, a high-level suspension and a suicide before and during the COVID lockdowns, followed by Black Lives Matter protests with the attendant internal soul-searching and external scrutiny every North American police corps faced.

And then the convoy hit. And then it stayed. This last was more of a surprise than it should have been.

The late stories out of Wednesday’s testimony were from Pat Morris, an Ontario Provincial Police superintendent in charge of intelligence-gathering. He dumped a bunch of old OPP “Project Hendon” reports, a term of art for the force’s intelligence-gathering operations, onto the commission server. Those reports were sent regularly to the Ottawa police as the various truck convoys approached the capital. Ferguson testified that she didn’t become aware of them until just before the trucks arrived. Which is too bad. What the OPP had found was a very large group of protesters from all over. They did not pose an organized threat of violence, though the Hendon reports acknowledged that confrontation can always escalate and that “lone wolf” extremists could well be tempted to join the crowd. But all the trucks represented a huge problem anyway, because they had rapidly growing funding — and no plans to go home at any point.

October 22, 2022

Taking Out the Trash: What We Get Wrong About Recycling

Filed under: Economics, Environment, Government, Media, Politics, USA — Tags: , , , — Nicholas @ 02:00

Kite & Key Media
Published 24 May 2022

Recycling is essential to protecting the environment, right? Well … it’s complicated. Many of our recycling practices are largely ineffective. And many of the materials it would be most beneficial to reuse barely get recycled at all.

In the 1980s, the recycling movement really took off thanks to the viral story about a trash barge called the Mobro.

In 1987, the Mobro floundered at sea for six months trying to find a port that would accept its load of garbage. The Mobro was rejected by port after port because of unsubstantiated rumors that it was carrying hazardous medical waste.

The Mobro‘s journey put the issue of waste management in the forefront of Americans’ minds. We were told recycling would solve our waste management woes — reducing trash in landfills and facilitating the reuse of plastics. Turns out, recycling isn’t the panacea we imagined it would be.

For starters, we’re not running out of landfill space. If you took just the land in the country that’s available for grazing — and then used just one-tenth of one percent of it — it could hold all the waste Americans will produce over the next 1,000 years.

As for recycling … well, it’s complicated. Take plastic, for instance. Making new plastic is actually cheaper than recycling old plastic. And the newest, high-tech methods of recycling plastic generate carbon emissions 55 times higher than just putting it in a landfill.

Many localities that used to profit from their recycling programs are losing money. Prince George’s County, Maryland, made $750,000 on its recyclables in 2017. A year later, they lost $2.7 million. Recycling has become so expensive that hundreds of local governments have stopped doing it.

Fortunately, there is one area of recycling that has potential: electronic waste. In recent years, only about 30% of e-waste — the remains of discarded computers, cell phones, TVs, etc. — has been recycled, which doesn’t make much sense. It’s packed with valuable metals and rare earths that we rely on for everything from consumer electronics to military technology.

Adding e-waste to the mix could save recycling as we know it. It could make the practice profitable again. And it could be better for the environment.
(more…)

October 21, 2022

“The function of elected officials in California is the performance of symbols, the narcissistic status dance”

Chris Bray on the essentially performative nature of law-making in California:

That mayor is gone, now, but her rotating crop of replacements aren’t noticeably more committed to the quotidian reality of the city, 3.4 square miles of crumbling streets. They’re busy with the climate action plan, and with their very very serious regional outreach to achieve social justice and climate justice and, you know, something something justice something. They are performing their symbols.

So start with this premise: The function of elected officials in California is the performance of symbols, the narcissistic status dance.

Doing just that, the bumbling halfwit Richard Pan, a pediatrician turned Big Pharma water-carrier, has succeeded in the passage of his “disinformation” bill, AB 2098. Here’s how the legislative counsel explains the bill:

    Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided.

    This bill would designate the dissemination of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or “COVID-19,” as unprofessional conduct.

But, as Igor Chudov notes, the bill — now the law — defines away its purpose, declaring that misinformation is “false information that is contradicted by contemporary scientific consensus contrary to the standard of care”. (And disinformation, the law says, is merely misinformation spread with “malicious intent”, disagreeing with the consensus plus being mean and bad.)

Being a longtime admirer of Richard Pan’s unique mind, I adore the definition of falsehood as something contrary to the consensus. It’s true, you moron, ’cause lots of people believe it! (The earth is at the center, and the sun revolves around it! Go to your room!) But back to Chudov’s good catch: The law evaporates if you can show that the consensus isn’t, and European public health regulators, among others, are doing that work. So if a doctor violates the consensus by telling a patient that the mRNA injections don’t prevent infection or transmission … okay, hold on a second.

So Senator Pan wishes to burn the witch, but he defines “witch” in such pudding-soft language that he gives the witch-burners nowhere to stand without sinking and vanishing. His declared purpose evaporates in the sloppiness of his mind. But he gets the symbol, declaring that he has declared that the witch should be burned. He gets his tweet.

October 20, 2022

The brief career of Kwasi Kwarteng as Chancellor of the Exchequer

Filed under: Britain, Government, Media, Politics — Tags: , , — Nicholas @ 05:00

Dominic Sandbrook had the misfortune of having fever dreams in which he found himself pursued by Kwasi Kwarteng. I sympathize, having recently had similar fever dreams, though lacking Mr. Kwarteng’s participation. His very brief time as Chancellor was as unpleasant for all concerned as it could have been:

Detail of a photo of Kwasi Kwarteng at a meeting with the US Ambassador, 25 August 2022.
Photo by the Office of U.S. Ambassador to the United Kingdom via Wikimedia Commons.

Nightmares about public failure are very common. There can be few readers who haven’t dreamed about turning up to an exam entirely unprepared, or about walking onstage having neglected to learn the lines. Anecdotal evidence suggests that the more you care about such things, the more likely they are to haunt you, which is why they’re so common among academic high-achievers. So perhaps Kwarteng himself, whose academic credentials are second to none, has had such dreams. And if he did, here’s the twist. His nightmares came true.

What happened to Kwarteng on Friday — and again yesterday, when Jeremy Hunt ripped up his mini-budget, poured petrol on the debris and set the whole thing alight — was more than your standard political sacking. It was a humiliation on the grandest possible scale, as the Chancellor was forced to fly back early from Washington, with some 6,000 people gleefully tracking his flight, before Liz Truss delivered the inevitable bullet. He had been in command at the Treasury for just 38 days, saved only from a post-war record by Iain Macleod’s heart attack in July 1970.

It’s hard to think of many British political figures with such a catastrophic trajectory. Kwarteng had been Boris Johnson’s Business Secretary since January 2021, but it’s a safe bet most ordinary punters had never heard of him. Then, suddenly, he was Chancellor, with a breathtakingly radical plan to defy the markets and turbo-charge a new era of growth. Then, equally suddenly, he became the most unpopular Chancellor in the history of the Ipsos-Mori poll, with even less public support than Denis Healey after the International Monetary Fund bailout in 1976 or Norman Lamont after Black Wednesday in 1992. And then he was gone, and it was all over. What a career!

You might assume from all this that Kwarteng is a fool. But he really isn’t a fool. Giving school talks, I’ve twice come across people who taught him, and both told me he was the cleverest boy they’d ever known. Were they wrong? Obviously not, for when you look at his biography, it’s a proud parent’s dream. At prep school he won a national history prize; at Eton he was a King’s Scholar and won the Newcastle Scholarship for philosophy, a competition examined by Stephen Sykes, Bishop of Ely and former Regius Professor of Divinity at Cambridge.

Kwarteng himself went to Cambridge, where he got a double first, twice won the Browne Medal for Latin and Greek poetry and even won University Challenge. He was a Kennedy Scholar at Harvard. He did a PhD on William III’s attempt to reform the coinage in the 1690s. And he’s written history books — two of which I reviewed at the time. “Well-researched and crisply written, Kwarteng’s book is a lot better than most MPs’ efforts,” I wrote of Ghosts of Empire, which examined the legacy of Britain’s rule overseas. “A politician with a sense of nuance: whatever next?”

For much of his gilded life, then, Kwarteng knew only success. And when he looked forward, he could reasonably expect more in the future. When he daydreamed, he surely imagined himself as a titanic reforming Chancellor to rank alongside William Gladstone or Sir Geoffrey Howe — and perhaps even as Prime Minister. And now? He’s the answer to a quiz question, the 38-day Chancellor whose tax bombshell exploded in his own face. To put that another way, if he were an England football manager, he’d be the love child of Steve McClaren and Sam Allardyce.

Omnium consensu capax imperii nisi imperasset. “All would have agreed that he was capable of being emperor, if only he had never been it.” So wrote Tacitus of the short-lived Roman emperor Galba — who, in fairness, lasted almost seven times longer in his top job than Kwarteng did at the Treasury. It’s a line that often recurs in British political commentary. I’ve seen it applied to Prime Ministers as diverse as Lord Rosebery, Arthur Balfour, Sir Anthony Eden, Harold Wilson, Gordon Brown and Boris Johnson. Perhaps that tells you something about the job — an office in which, one way or another, failure is almost guaranteed.

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