There isn’t much of a culture-war component of discussing mental illness, other than a few folks on the Right who blame the Left for deinstitutionalizing the mentally ill in the 1960s. I suspect that there is no real constituency in favor of the Second Amendment rights of the mentally ill — provided, of course, the definition of “mentally ill” is clear, explicit, and taken seriously. (If you think there’s a stigma to admitting you’re seeing a therapist, a psychologist, or getting mental health treatment now, just wait until some of your legal rights can be restricted because of it.)
Thankfully, I’ve never known anyone who has had violent episodes or threatening mental illness. My sense of reading coverage and the literature is that people rarely “snap” and become dangerous killers overnight. As you’ve probably found in your research, there are certain common threads: withdrawal from others and lack of a support network; hostile behavior and temper control, outbursts, etc. It is maddeningly infuriating to hear friends and acquaintances of past shooters describe behavior that seems, in retrospect, to be a warning sign or red flag.
After Columbine, many school administrators tried to institute a new “If you see something, say something” approach to individuals behaving in a threatening manner. Then we saw in Virginia Tech that many, many students reported the gunman for strange and threatening behavior, including stalking. School administrators ultimately couldn’t do enough to stop him — either from fear of lawsuits or from overall bureaucratic inertia.
[…]
It’s not clear how effective a program like this would be; one would hope that people would already know to report strange, troubling, or threatening behavior to authorities. In past writings, I’ve emphasized that the only authority that can put someone on the federal firearms restriction list is a judge, and so that these sorts of concerns are best sent directly to the cops, not to a school administrator or company HR department.
However, a country where more Americans are trained to spot signs of serious, untreated and potentially dangerous mental illness strikes me as a better path than yet another effort to restrict the rights of 40 million gun owners because of the actions of a handful.
Jim Geraghty, “Why Post-Shooting Gun-Control Debates Are So Insufferable”, National Review Online, 2013-09-18
September 19, 2013
QotD: Guns and mental illness
September 18, 2013
The NSA scandal is not about mere privacy
Last week, Yochai Benkler posted this in the Guardian:
The spate of new NSA disclosures substantially raises the stakes of this debate. We now know that the intelligence establishment systematically undermines oversight by lying to both Congress and the courts. We know that the NSA infiltrates internet standard-setting processes to security protocols that make surveillance harder. We know that the NSA uses persuasion, subterfuge, and legal coercion to distort software and hardware product design by commercial companies.
We have learned that in pursuit of its bureaucratic mission to obtain signals intelligence in a pervasively networked world, the NSA has mounted a systematic campaign against the foundations of American power: constitutional checks and balances, technological leadership, and market entrepreneurship. The NSA scandal is no longer about privacy, or a particular violation of constitutional or legislative obligations. The American body politic is suffering a severe case of auto-immune disease: our defense system is attacking other critical systems of our body.
First, the lying. The National Intelligence University, based in Washington, DC, offers a certificate program called the denial and deception advanced studies program. That’s not a farcical sci-fi dystopia; it’s a real program about countering denial and deception by other countries. The repeated misrepresentations suggest that the intelligence establishment has come to see its civilian bosses as adversaries to be managed through denial and deception.
[…]
Second, the subversion. Last week, we learned that the NSA’s strategy to enhance its surveillance capabilities was to weaken internet security in general. The NSA infiltrated the social-professional standard-setting organizations on which the whole internet relies, from National Institute of Standards and Technology to the Internet Engineering Task Force itself, the very institutional foundation of the internet, to weaken the security standards. Moreover, the NSA combined persuasion and legal coercion to compromise the commercial systems and standards that offer the most basic security systems on which the entire internet runs. The NSA undermined the security of the SSL standard critical to online banking and shopping, VPN products central to secure corporate, research, and healthcare provider networks, and basic email utilities.
Serious people with grave expressions will argue that if we do not ruthlessly expand our intelligence capabilities, we will suffer terrorism and defeat. Whatever minor tweaks may be necessary, the argument goes, the core of the operation is absolutely necessary and people will die if we falter. But the question remains: how much of what we have is really necessary and effective, and how much is bureaucratic bloat resulting in the all-too-familiar dynamics of organizational self-aggrandizement and expansionism?
The “serious people” are appealing to our faith that national security is critical, in order to demand that we accept the particular organization of the Intelligence Church. Demand for blind faith adherence is unacceptable.
September 17, 2013
Revisiting “Sherlock Holmes and the case of public domain”
If you’ve been following along at home, the estate of Sir Arthur Conan Doyle has been conducting a remarkable rearguard campaign to ensure that the last ten Sherlock Holmes short stories do not enter public domain. Earlier this year, we looked at The case of the over-extended copyright and Sherlock Holmes and the case of public domain. The estate is now involved in a lawsuit where TechDirt‘s Mike Masnick says they are pushing a theory of copyright that might work to infinitely extend copyright protection to certain works:
For a few years now we’ve discussed a few times some of the confusion as to why Sherlock Holmes isn’t considered in the public domain in the US, even though he probably should be. As we’ve explained, all of Sir Arthur Conan Doyle’s Sherlock Holmes books except for one are in the public domain. The Conan Doyle estate claims that having that single book under copyright means that the entire character is covered by copyright. Earlier this year, we pointed out that a noted Sherlock Holmes scholar (such things exist!) named Leslie Klinger had decided to file for declaratory judgment that Sherlock Holmes is in the public domain, following a legal nastygram from the Estate, arguing that it needed a license fee for Klinger’s latest book.
The Conan Doyle Estate has now filed its response to the motion for summary judgment, and it’s an astounding study of ignorance concerning copyright law and the public domain. While it admits that there are only ten short stories (from that one remaining book) that are under copyright, it still argues that those ten stories lock up pretty much everything else. First, it argues that the characters of Sherlock Holmes and Dr. Watson continued to grow as personalities in those last ten stories, and that the stories were non-linear (i.e., some took place earlier in their fictional lives), it more or less encompasses everything, even those public domain works.
The facts are that Sir Arthur continued creating the characters in the copyrighted Ten Stories, adding significant aspects of each character’s background, creating new history about the dynamics of their own relationship, changing Holmes’s outlook on the world, and giving him new skills. And Sir Arthur did this in a non-linear way. Each of the Ten Stories is set at various points earlier in the two men’s lives—and even late stories create new aspects of the men’s youthful character. In other words, at any given point in their fictional lives, the characters depend on copyrighted character development.
Of course, if that’s true, it basically presents a way to make copyright on characters perpetual. You just need to have someone continue to release new works that have some minor change to the character, and they get to pretend you have a new starting point for the public domain ticker. That can’t be what the law intended.
Update, 3 January 2014: In a slight surprise, the court has ruled that the character is no longer protected under US copyright laws.
Update the second, 17 June 2014: The appeal has been heard, and the original decision has been confirmed and the characters of Sherlock Holmes and Doctor Watson are in the public domain in the United States.
It is legal to publish stories about Sherlock Holmes and Dr. Watson without the permission of their creator’s estate, because those characters are in the public domain. That’s a straightforward reading of current copyright law, and the Seventh Circuit confirmed it yesterday, upholding a lower court’s ruling that Holmes fan Leslie Klinger has the right to edit an anthology of Sherlock stories by contemporary writers.
It’s a welcome decision. The argument offered by Arthur Conan Doyle’s estate rested on the fact that 10 Sherlock stories were published after 1923 and therefore have not yet entered the public domain. Because those stories introduced new elements to Holmes’ and Watson’s fictional lives, the estate’s attorneys claimed that the characters were not fully created until after 1923 and therefore aren’t in the public domain after all. At a time when copyright terms are constantly being extended into the future, the estate was effectively attempting to enact a stealth extension into the past.
A brief history of fifty years of American economic thought
Tyler Cowen wraps up the rise and fall of “right” and “left” economics in the US since the 1960s:
Throughout the 1970s and most of the 1980s, the so-called “right wing” was right about virtually everything on the economic front. Most of all communism, but also inflation, taxes, (most of) deregulation, labor unions, and much more, noting that a big chunk of the right wing blew it on race and some other social issues. The Friedmanite wing of the right nailed it on floating exchange rates.
Arguably the “rightness of the right” peaks around 1989, with the collapse of communism. After that, the right wing starts to lose its way.
Up through that time, market-oriented economists have more interesting research, more innovative journals, and much else to their credit, culminating in the persona and career of Milton Friedman.
I’ve never heard tales of Paul Samuelson’s MIT colleagues mocking him for his pronouncements on Soviet economic growth. I suspect they didn’t.
Starting in the early 1990s, the left wing is better equipped, more scholarly, and also more fun to read. (What exactly turned them around?) In the 1990s, the Quarterly Journal of Economics is suddenly more interesting and ultimately more influential than the Journal of Political Economy, even though the latter retained a higher academic ranking. The right loses track of what its issues ought to be. There is no real heir to the legacy of Milton Friedman.
September 15, 2013
Reining-in the NSA … while it’s still even theoretically possible
In TechDirt, Glyn Moody on the fleeting opportunity to rein-in the NSA:
In the wake of the continuing leaks about the NSA’s activities, most commentators are understandably still trying to get to grips with the enormity of what has been happening. But John Naughton, professor of the public understanding of technology at the UK’s Open University, tackles a very different question on his blog: what is likely to happen in the future, if things carry on as they are?
Naughton notes that the NSA’s mission statement includes the following phrase: “to gain a decision advantage for the Nation and our allies under all circumstances.” “Under all circumstances” means that as the Internet grows — and as we know, it is currently growing rapidly — so the NSA will naturally ask for resources to allow it to do tomorrow what it is doing today: monitoring more or less everything that happens online. Naughton then asks where that might lead if the political climate in the US remains sufficiently favorable to the NSA that it does, indeed, get those resources:
The obvious conclusion therefore, is that unless some constraints on its growth materialise, the NSA will continue to expand. It currently has 35,000 employees. How many will it have in ten years’ time? Who can say: 50,000, maybe? Maybe even more? So we’re confronted with the likelihood of the growth of a bureaucratic monster.
How will such a body be subjected to democratic oversight and control? Let me rephrase that: can such a monster be subjected to democratic control?
Back to school shopping fails to rescue the clothing chains
We all spent less than we were supposed to last quarter, and the clothing business is feeling tight:
Fantasies about a strong back-to-school shopping season had already gotten slammed when teen retailer American Eagle Outfitters, back in August, chopped its second-quarter earnings in half and confessed to lousy sales — down 2% overall and 7% on a comparable-store basis. CEO Robert Hanson blamed weak traffic and women who hadn’t bought enough of the stuff on the shelf. “The domestic retail environment remains challenging,” he concluded.
Competitor Abercrombie & Fitch reported its quarterly results the same day. While total sales were down “only” 1% year over year, booming international sales — up 15% overall and up 60% in China on a comparable store basis — papered over a debacle in the US, where sales plunged 8%. CEO Michael Jeffries summed up the US phenomenon: a “challenging environment,” “weaker traffic,” and “softness in the female business.” While “consumers in general” might be feeling better, he ventured, “that’s not the case for the young consumer.”
Alas, by today, his “consumers in general” had gotten the blues too, according to the University of Michigan/Thomson Reuters consumer-sentiment index. It plunged from 82.1 in August to 76.8 in September, the lowest since April. “Economists” on average had expected a flat 82 — they don’t get out much, do they? Particularly brutal was the collapse of the economic outlook index from 73.7 to 67.2, the lowest since January. So, a retail recovery in the second half? Maybe not so much.
Why “Breaking Bad: Canada” is a ludicrous meme
Megan McArdle is a fan of the TV show Breaking Bad, but she also is fairly well informed about the US healthcare system. This means that the idea that the TV show’s Canadian counterpart would look like this…
…depends on the audience for the real TV show not actually knowing much about the US system.
The series starts with Walter White, a high school chemistry teacher in Albuquerque, New Mexico, who is diagnosed with lung cancer. His lousy health maintenance organization won’t cover a decent doctor, or treatment. So Walter is forced to turn to crime just to pay his medical bills and … whoa, wait a minute. You know who has excellent benefits, compared with basically everyone else in the country? Teachers, firefighters and cops. Maybe they’re overworked and underpaid, but the one thing that you cannot say about them is that they’re forced to endure shoestring health-care plans. According to the Internet, Albuquerque school district employees are eligible for
Medical, Dental, Vision, Basic and Additional Life Insurance, Long Term Disability, Pre-tax Insurance Premium Plan (PIPP), Flexible Spending Accounts, Long Term Care Insurance, 403(b) and the 457(b) Deferred Compensation Plans.
That’s a generous package. Moreover, the Albuquerque school district self-insures, so any complaints about benefit levels should be directed at the city government, not your “lousy HMO.”
Later, after Walt’s actions accidentally result in the shooting of his brother-in-law, a Drug Enforcement Agency agent, Walt’s wife takes a bunch of the meth money to pay for Hank’s treatment. On his government salary, Hank can’t possibly afford the treatment he needs, because, of course, his lousy insurance policy won’t cover more than a few visits to the physical therapist … and whoa, we just went from “unrealistic” to “ludicrous.” You know who has even better benefits than employees enjoying a compensation package collectively bargained with a local government? Federal employees in a low-cost state such as New Mexico. Moreover, extra benefits are available to people injured in the line of duty.
In short, a number of key plot points hinge on the improbable assertion that people who actually enjoy some of the best health insurance in the country actually suffer some of the worst — so bad that we are expected to believe that Walt had no choice but to cook meth to cover the gaps. For an otherwise great show, this is incredibly silly.
September 14, 2013
September 13, 2013
September 12, 2013
QotD: The “never let a crisis go to waste” mentality
The lesson I remember best from my religious instruction as a youth in the Catholic church came from a nun who was explaining the ten commandments. She asked me to explain the prohibition of taking the Lord’s name in vain; I said it meant I should not curse using God’s name. She corrected me — ultimately the commandment means we should not invoke God’s name for our own power or glory or purposes rather than His own, she said.
9/11 — like every great and terrible thing and event that has ever come before it — is invoked to demand and justify a wide array of ends and prove a confusing jumble of conclusions. Many of those ends and conclusions were sought by their advocates well before 9/11. It has ever been so. People will seek power, seek prominence, seek money, seek their religious and ideological goals by invoking events — by trying, as I suggested in #4 above, to blur the line between the thing and our reaction to the thing. This has been a constant theme on this blog: the government has sought more and more power over us, and more and more limitations on our rights, by invoking 9/11, only to use those new powers to fight old fights unrelated to terrorism and to suppress things they didn’t like before 9/11. The PATRIOT ACT was an incoherent jumble of law enforcement wet dreams and wish lists, components of which had been floating about for decades. But though the government’s efforts to use 9/11 has carried the most weight, the invocations have not come only from the government — they’ve come from everywhere, left and right, seeking to use the tragedy to prove preconceptions about America and its foreign policy.
Ken White, “Ten Things I Want My Children To Learn From 9/11”, Popehat, 2011-09-11
