“And those of us who manage the public’s dollars will be held to account, to spend wisely, reform bad habits, and do our business in the light of day, because only then can we restore the vital trust between a people and their government.”
Reason TV looks back at Obama’s 2009 inaugural address to see how well his rhetoric compares to his first four years in office.
Produced by Meredith Bragg.
January 21, 2013
January 20, 2013
Corporate welfare — it’s the American way
Sheldon Richman on the amazingly inefficient US tax code and some of the ways it got that way:
When Congress and President Obama came up with their beyond-the-last-minute deal to put off addressing the coming fiscal crisis, The Wall Street Journal turned the spotlight on a little-noticed, yet too typical aspect of Washington’s machinations: “The bill’s seedier underside is the $40 billion or so in tax payoffs to every crony capitalist and special pleader with a lobbyist worth his million-dollar salary. Congress and the White House want everyone to ignore this corporate-welfare blowout,” the Journal reported.
So a bill that was represented as the first steps toward fiscal responsibility (try not to laugh too hard) contained billions of dollars in corporate welfare. And it was a bipartisan affair.
[. . .]
Manipulating the tax code to benefit particular interests has obvious appeal for politicians — it’s a source of power and influence — and a code that did not permit such manipulation would be much less attractive to them. Outright cash subsidies from the taxpayers, while not unheard of, smacks too much of cronyism and is more likely to alienate taxpayers. But complicated exceptions written into the tax laws can be presented as creative governance on behalf of the public interest. But it is cronyism as offensive as outright subsidies.
[. . .]
Corporate welfare is not primarily about lowering taxes. That would be a worthwhile goal, of course, and could be achieved simply by slashing tax rates and simplifying the code. But when taxes are lowered selectively by writing complicated exceptions into the law, the goal is to bestow privileges on cronies, not to reduce the burden of government on all. Corporate welfare, among its many sins, violates equal protection under the law.
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Pennsylvania quashes latest terror threat
This story is not taken from the pages of The Onion:
The incident occurred Jan. 10 while the girl was waiting in line for a school bus, said Robin Ficker, the Maryland lawyer retained by the girl’s family. He would not identify the girl or her parents, but gave this version of events:
Talking with a friend, the girl said something to the effect “I’m going to shoot you and I will shoot myself” in reference to the device that shoots out bubbles. The girl did not have the bubble gun with her and has never shot a real gun in her life, Ficker said.
Elementary school officials learned of the conversation and questioned the girls the next day, Fickler said. He said the girl did not have a parent present during the 30 minutes of questioning.
The result, he said, was that the student was labeled a “terrorist threat” and suspended for 10 days, Ficker said. The school also required her to be evaluated by a psychologist, Ficker said.
This designated terrorist is five.
H/T to Dan Mitchell for the link.
We also need to protect our kids from being exposed to bureaucrats who are jaw-droppingly stupid.
Actually, WordPress is telling me that “droppingly” isn’t a word. So maybe instead we should take Instapundit’s advice and reward these idiot officials with some tar and feathers.
And I hope the tattle-tale punk from the bus stop who ratted out the little girls is condemned to some sort of grade-school purgatory featuring never-ending wedgies.
On a more serious note, I hope the parents sue the you-know-what out of the school.
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January 18, 2013
Camouflage patterns and the patterns of inter-service rivalry
In The Atlantic, D.B. Grady reminds us that some patterns are more deeply dyed than others:
Military combat uniforms have two purposes: to camouflage soldiers, and to hold together in rugged conditions. It stands to reason that there’s only one “best” pattern, and one best stitching and manufacture. It should follow that when such a uniform is developed, the entire military should transition to it.
In 2002, the Marine Corps adopted a digital camouflage pattern called MARPAT. Rigorous field-testing proved that it was more effective than the splotched woodland pattern in use at the time, and the Combat Utility Uniform (of which it was a part) was a striking change for such a conservative institution.
Not to be outdone, the Army drew up digital plans of its own, and in 2005 issued a redesigned combat uniform in a “universal camouflage pattern” (UCP). Three years after the Marines made the change, four years after the invasion of Afghanistan, and two years after the invasion of Iraq, you might think the Army would have been loaded with data on how best to camouflage soldiers in known combat zones. You would be wrong.
In fact, not only did the Army dismiss the requirements of the operating environments, but it also literally chose the poorest performing pattern of its field tests. The “universal” in UCP refers to jungle, desert, and urban environments. In designing a uniform for wear in every environment, it designed a uniform that was effective in none.
[. . .]
Such dysfunction is not unique to the Army. MARPAT was a success not only in function, but also in adding distinction to the Marines wearing it. Naturally the Air Force wanted in on that action, and set about to make its own mark on the camouflage world. It’s first choice? A Vietnam-era blue tiger-stripe pattern. (You know, to blend in with the trees on Pandora.)
After an outcry in the ranks, the leadership settled on a color scheme slightly more subdued. The new uniform did, however, have the benefit of being “winter weight” only, which was just perfect for service in Iraq.
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January 17, 2013
Borrowing from theoretical physics, we now have “Quantum Copyright”
At Techdirt, Tim Cushing explores the legal phase changes that introduce heretofore unknown states of copyright:
Eric Hellman tackles the ambiguous nature of copyright infringement, especially as it pertains to the “region-free” aspects of the internet, in a post amusingly titled, “Heisenberg’s Uncertain Copyright.” (via The Digital Reader)
Hellman turns his attention to F. Scott Fitzgerald’s The Great Gatsby, and using his skills in the area of “Quantum Copyright” (a term he threw into his LinkedIn profile for a bit of fun), determines that the question of whether or not copyright infringement has occurred might depend on where the copying occurred, something that is even harder to define when the copying takes place via the internet.
[. . .]
While Hellman exaggerates the repercussions of making a hypothetical copy (the highest statutory claims would apply only to willful infringement [which this could be, especially when infringing in order to prove a hypothesis] and the jail time only applies to criminal infringement — which this almost certainly would not be), the fact remains that one deterrent of infringement is the underlying threat of legal action (whether civil or criminal). No doubt F. Scott Fitzgerald’s estate is in no hurry to give up the American rights (and the attendant enforcement of those rights), seeing as The Great Gatsby earned its author all of $8,400 during his lifetime — but generates $500,000 per year for his daughter. This secondhand largesse enjoyed by many heirs is one of the motivators behind the ever-extending copyright lengths here in this country.
[. . .]
Certainly, copyright-centered entities like the MPAA would prefer to simply have our copyright laws exported to other countries with less stringent laws, especially any sections that extend the length of copyright protection and weaken fair use/fair dealing exceptions. Getting other nations to sync up with our copyright lengths would certainly eliminate these hypothetical discussions, along with many items in the public domain. Many aspects of current copyright laws were written years ago, long before the internet made “country of origin” a meaningless term and reproductions as simple as a right-click on a mouse. What it usually boils down to, after all the discussion, is this:
You could also be a cynic and say the only thing that matters is where the judge is sitting.
Much like fair use is often determined by a courtroom appearance, the “quantum” aspects of copyright are largely theoretical — right up to the point that someone finds themselves at the other end of an infringement lawsuit.
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January 16, 2013
Prosecutorial abuse and the Swartz case
Writing in the Guardian, Glenn Greenwald calls for reform in the way prosecutors are immune from any consequences of their misdeeds:
To begin with, there has been a serious injustice in the Swartz case, and that alone compels accountability. Prosecutors are vested with the extraordinary power to investigate, prosecute, bankrupt, and use the power of the state to imprison people for decades. They have the corresponding obligation to exercise judgment and restraint in how that power is used. When they fail to do so, lives are ruined — or ended.
The US has become a society in which political and financial elites systematically evade accountability for their bad acts, no matter how destructive. Those who torture, illegally eavesdrop, commit systemic financial fraud, even launder money for designated terrorists and drug dealers are all protected from criminal liability, while those who are powerless — or especially, as in Swartz’s case, those who challenge power — are mercilessly punished for trivial transgressions. All one has to do to see that this is true is to contrast the incredible leniency given by Ortiz’s office to large companies and executives accused of serious crimes with the indescribably excessive pursuit of Swartz.
This immunity for people with power needs to stop. The power of prosecutors is particularly potent, and abuse of that power is consequently devastating. Prosecutorial abuse is widespread in the US, and it’s vital that a strong message be sent that it is not acceptable. Swartz’s family strongly believes — with convincing rationale — that the abuse of this power by Ortiz and Heymann played a key role in the death of their 26-year-old son. It would be unconscionable to decide that this should be simply forgotten.
[. . .]
In most of what I’ve written and spoken about over the past several years, this is probably the overarching point: the abuse of state power, the systematic violation of civil liberties, is about creating a Climate of Fear, one that is geared toward entrenching the power and position of elites by intimidating the rest of society from meaningful challenges and dissent. There is a particular overzealousness when it comes to internet activism because the internet is one of the few weapons — perhaps the only one — that can be effectively harnessed to galvanize movements and challenge the prevailing order. That’s why so much effort is devoted to destroying the ability to use it anonymously — the Surveillance State — and why there is so much effort to punishing as virtual Terrorists anyone like Swartz who uses it for political activism or dissent.
The law and prosecutorial power should not be abused to crush and destroy those who commit the “crime” of engaging in activism and dissent against the acts of elites. Nobody contests the propriety of charging Swartz with some crime for what he did. Civil disobedience is supposed to have consequences. The issue is that he was punished completely out of proportion to what he did, for ends that have nothing to do with the proper administration of justice. That has consequences far beyond his case, and simply cannot be tolerated.
Update: Radley Balko‘s latest column is also on the topic of the public prosecutor.
The death of Internet activist Aaron Swartz has generated a lot of discussion about the power of prosecutors — particularly federal prosecutors. This is a good thing. The conversation is long overdue. But the discussion needs to go well beyond on Swartz and the Computer Fraud and Abuse Act.
Prosecutors have enormous power. Even investigations that don’t result in any charges can ruin lives, ruin reputations, and drive their targets into bankruptcy. It has become an overtly political position — in general, but particularly at the federal level. If a prosecutor wants to ruin your life, he or she can. Even if you’ve done nothing wrong, there isn’t a whole lot you can do about it.
There are a number of factors that got us here, and it’s worth looking at them in turn.
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When Kafka met Sandy
In the Wall Street Journal, Roger Kimball talks about the experience of trying to put your life back together after a major storm damages your home:
Like many people whose houses were badly damaged by Hurricane Sandy, my family and I have been living in a rented house since the storm. Unlike some whose houses were totalled, we could have repaired things and been home toasting our tootsies by our own fireplace by now. What happened?
Two things: zoning (as in “Twilight Zone”) and FEMA.
Our first exposure to the town zoning authorities came a couple of weeks after Sandy. We’d met with insurance adjusters, contractors and “remediation experts.” We’d had about a foot of Long Island Sound sloshing around the ground floor of our house in Connecticut, and everyone had the same advice: Rip up the floors and subfloors, and tear out anything — wiring, plumbing, insulation, drywall, kitchen cabinets, bookcases — touched by salt water. All of it had to go, and pronto, too, lest mold set in.
Yet it wasn’t until the workmen we hired had ripped apart most of the first floor that the phrase “building permit” first wafted past us. Turns out we needed one. “What, to repair our own house we need a building permit?”
Of course.
Before you could get a building permit, however, you had to be approved by the Zoning Authority. And Zoning — citing FEMA regulations — would force you to bring the house “up to code,” which in many cases meant elevating the house by several feet. Now, elevating your house is very expensive and time consuming — not because of the actual raising, which takes just a day or two, but because of the required permits.
Kafka would have liked the zoning folks. There also is a limit on how high in the sky your house can be. That calculation seems to be a state secret, but it can easily happen that raising your house violates the height requirement. Which means that you can’t raise the house that you must raise if you want to repair it. Got that?
“A paradox, a paradox, a most ingenious paradox. Ha, ha, ha, ha, ha, ha, ha, ha, this paradox.”
H/T to Monty for the link. Monty also has this meditation on bureaucracy:
This is where Leviathan does the most damage, I think. Tyranny is always a danger in centralized governments, but a greater danger is the proliferation and growth of bureaucracies. The rules become ever more Byzantine, ever more contradictory, ever more pointless, and ever more expensive (both to implement and comply with). The bureaucracies themselves achieve a life outside the body politic: they persist, age after age, irrespective of their political origin. Their sole imperative (regardless of their ostensible purpose) is to perpetuate themselves. They are an amoeba, growing to engulf everything they touch — not because they are evil, necessarily, but simply because it’s in their nature to do so. They cannot help themselves. Bureaucracies — lethargic, slow, risk-averse, rules-bound, pedantic, expensive, often causing more harm than good — are perhaps the very worst creation of human society.
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When is a retirement fund not a retirement fund?
When you draw it down long before retirement to pay ordinary living expenses:
This trend has been in place since the financial crisis, but the fact that it is accelerating is extremely disconcerting. First off, this is not the kind of behavior that should be witnessed in an “economic recovery.” Second, we need to remember the huge percentage of Americans on food stamps and/or disability. As we have discussed previously, many of them also have jobs. So essentially, a wage and a check from the government is still not enough to survive. They still need to tap into a loan from their 401k plans.
From the Washington Post:
More than one in four American workers with 401(k) and other retirement savings accounts use them to pay current expenses, new data show. The withdrawals, cash-outs and loans drain nearly a quarter of the $293 billion that workers and employers deposit into the accounts each year, undermining already shaky retirement security for millions of Americans.
[. . .]
“We’re going from bad to worse,” said Diane Oakley, executive director of the National Institute on Retirement Security. “Already, fewer private-sector workers have access to stable pension plans. And the savings in individual retirement savings accounts like 401(k) plans — which already are severely underfunded — continue to leak out at a high rate.”
A report due out this week from the financial advisory firm HelloWallet found that more than one in four workers dip into retirement funds to pay their mortgages, credit card debt or other bills. Those in their 40s have been the most likely culprits — one-third are turning to such accounts for relief.
January 15, 2013
“You kids are screwed”
Feeling optimistic about the future? Bryan Goldberg is here to slap that silly optimistic grin off your face:
Hey kids, you’ve all read “The Hunger Games,” right? Almost all young people have read the best-selling books or seen the Hollywood movie about Katniss Everdeen, a smart and ambitious young lady whose life prospects are diminished by historical events that predate her. What little hope she has is seemingly reduced to nil when a bunch of old people drop her into an arena and force her to fight with her fellow children in a battle royale to the death.
But that’s just fiction, right? Your loving parents and grandparents would never screw up their world and then throw you kids under the bus…or would they?
Actually, they already have.
Last week, the economics blog Calculated Risk ran a chart that tells a pretty compelling story. To an economist, this chart means that the magnitude and duration of the 2007 recession’s impact on unemployment outpaces that of any prior post-war recession. To young people, it simply means this…
You kids are screwed.
In fact, teenagers today probably aren’t old enough to remember the “Dot Bomb” recession of twelve years ago. But even at its peak, that really bad recession did not reach a level of unemployment that matched the one we are still currently experiencing. With the Federal Reserve losing its appetite for quantitative easing, the last bullet in their holster, and both political parties deciding to half-ass the fiscal policy debate, it’s safe to say that…
You kids are really screwed.
Pay careful attention to Lesson No. 4: it’s even more important than you think it is.
H/T to Jon, my former virtual landlord, for the link.
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January 14, 2013
January 13, 2013
The “successes” of the drone war can only be measured in body counts
In the Guardian, Simon Jenkins discusses the negative aspects of the drone war:
The greatest threat to world peace is not from nuclear weapons and their possible proliferation. It is from drones and their certain proliferation. Nuclear bombs are useless weapons, playthings for the powerful or those aspiring to power. Drones are now sweeping the global arms market. There are some 10,000 said to be in service, of which a thousand are armed and mostly American. Some reports say they have killed more non-combatant civilians than died in 9/11.
I have not read one independent study of the current drone wars in Afghanistan, Pakistan and the horn of Africa that suggests these weapons serve any strategic purpose. Their “success” is expressed solely in body count, the number of so-called “al-Qaida-linked commanders” killed. If body count were victory, the Germans would have won Stalingrad and the Americans Vietnam.
Neither the legality nor the ethics of drone attacks bear examination. Last year’s exhaustive report by lawyers from Stanford and New York universities concluded that they were in many cases illegal, killed civilians, and were militarily counter-productive. Among the deaths were an estimated 176 children. Such slaughter would have an infantry unit court-martialled. Air forces enjoy such prestige that civilian deaths are excused as a price worth paying for not jeopardising pilots’ lives.
[. . .]
Since the drone war began in earnest in 2008, there has been no decline in Taliban or al-Qaida performance attributable to it. Any let-up in recruitment is merely awaiting Nato’s departure. The Afghan president, Hamid Karzai, has called the attacks “in no way justifiable”. The Pakistan government, at whose territory they are increasingly directed, has withdrawn all permission.
The young Yemeni writer Ibrahim Mothana protested in the New York Times of the carnage drones are wreaking on the politics of his country, erasing “years of progress and trust-building with tribes”. Yemenis now face al-Qaida recruiters waving pictures of drone-butchered women and children in their faces. Notional membership of al-Qaida in Yemen is reported to have grown by three times since 2009.
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“Please don’t pathologize this story”
A plea for understanding, not just for the late Aaron Swartz, but also for the ethically broken justice system:
No doubt it is a certain crazy that brings a person as loved as Aaron was loved (and he was surrounded in NY by people who loved him) to do what Aaron did. It angers me that he did what he did. But if we’re going to learn from this, we can’t let slide what brought him here.
First, of course, Aaron brought Aaron here. As I said when I wrote about the case (when obligations required I say something publicly), if what the government alleged was true — and I say “if” because I am not revealing what Aaron said to me then — then what he did was wrong. And if not legally wrong, then at least morally wrong. The causes that Aaron fought for are my causes too. But as much as I respect those who disagree with me about this, these means are not mine.
[. . .]
Here is where we need a better sense of justice, and shame. For the outrageousness in this story is not just Aaron. It is also the absurdity of the prosecutor’s behavior. From the beginning, the government worked as hard as it could to characterize what Aaron did in the most extreme and absurd way. The “property” Aaron had “stolen,” we were told, was worth “millions of dollars” — with the hint, and then the suggestion, that his aim must have been to profit from his crime. But anyone who says that there is money to be made in a stash of ACADEMIC ARTICLES is either an idiot or a liar. It was clear what this was not, yet our government continued to push as if it had caught the 9/11 terrorists red-handed.
Cory Doctorow has a heartfelt obituary up on Boing Boing.
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January 12, 2013
The Cuban Missile Crisis, 50 years on
In The Atlantic, Benjamin Schwarz looks at the myths and realities of the standoff between the Soviet Union and the United States over Cuba in 1962:
On October 16, 1962, John F. Kennedy and his advisers were stunned to learn that the Soviet Union was, without provocation, installing nuclear-armed medium- and intermediate-range ballistic missiles in Cuba. With these offensive weapons, which represented a new and existential threat to America, Moscow significantly raised the ante in the nuclear rivalry between the superpowers — a gambit that forced the United States and the Soviet Union to the brink of nuclear Armageddon. On October 22, the president, with no other recourse, proclaimed in a televised address that his administration knew of the illegal missiles, and delivered an ultimatum insisting on their removal, announcing an American “quarantine” of Cuba to force compliance with his demands. While carefully avoiding provocative action and coolly calibrating each Soviet countermeasure, Kennedy and his lieutenants brooked no compromise; they held firm, despite Moscow’s efforts to link a resolution to extrinsic issues and despite predictable Soviet blustering about American aggression and violation of international law. In the tense 13‑day crisis, the Americans and Soviets went eyeball-to-eyeball. Thanks to the Kennedy administration’s placid resolve and prudent crisis management — thanks to what Kennedy’s special assistant Arthur Schlesinger Jr. characterized as the president’s “combination of toughness and restraint, of will, nerve, and wisdom, so brilliantly controlled, so matchlessly calibrated, that [it] dazzled the world” — the Soviet leadership blinked: Moscow dismantled the missiles, and a cataclysm was averted.
Every sentence in the above paragraph describing the Cuban missile crisis is misleading or erroneous. But this was the rendition of events that the Kennedy administration fed to a credulous press; this was the history that the participants in Washington promulgated in their memoirs; and this is the story that has insinuated itself into the national memory — as the pundits’ commentaries and media coverage marking the 50th anniversary of the crisis attested.
Scholars, however, have long known a very different story: since 1997, they have had access to recordings that Kennedy secretly made of meetings with his top advisers, the Executive Committee of the National Security Council (the “ExComm”). Sheldon M. Stern — who was the historian at the John F. Kennedy Library for 23 years and the first scholar to evaluate the ExComm tapes — is among the numerous historians who have tried to set the record straight. His new book marshals irrefutable evidence to succinctly demolish the mythic version of the crisis. Although there’s little reason to believe his effort will be to any avail, it should nevertheless be applauded.
[. . .]
The patient spadework of Stern and other scholars has since led to further revelations. Stern demonstrates that Robert Kennedy hardly inhabited the conciliatory and statesmanlike role during the crisis that his allies described in their hagiographic chronicles and memoirs and that he himself advanced in his posthumously published book, Thirteen Days. In fact, he was among the most consistently and recklessly hawkish of the president’s advisers, pushing not for a blockade or even air strikes against Cuba but for a full-scale invasion as “the last chance we will have to destroy Castro.” Stern authoritatively concludes that “if RFK had been president, and the views he expressed during the ExComm meetings had prevailed, nuclear war would have been the nearly certain outcome.” He justifiably excoriates the sycophantic courtier Schlesinger, whose histories “repeatedly manipulated and obscured the facts” and whose accounts — “profoundly misleading if not out-and-out deceptive” — were written to serve not scholarship but the Kennedys.
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