Quotulatiousness

May 20, 2022

High and low “state capacity” illustrated

In Law & Liberty, Helen Dale recounts a miserable experience getting out of a major US airport and says this is an example of America’s low state capacity:

“TSA Checkpoint” by phidauex is licensed under CC BY-NC-SA 2.0

At the other end, I found a stretch limo waiting for me. Getting ferried about in a limo after The Trip from Hell is something I’ve experienced before, in Damascus, before the Syrian civil war. Classic third world. Like Syrians, American hosts send limousines to the airport to pick you up because they know you flew in from JFK and will need to be appeased.

My experience is illustrative of something not confined to airports, however. Indeed, if it were only confined to airports, then the phrase I’m about to use (about the US) would be unfair (to the US). America’s dysfunctional airports are instances of widespread low state capacity. And this is bigger than airports. Low state capacity can only be used to describe a country when it is true of multiple big-ticket items, not just one.

State capacity is a term drawn from economic history and development economics. It refers to a government’s ability to achieve policy goals in reference to specific aims, collect taxes, uphold law and order, and provide public goods. Its absence at the extremes is terrifying, and often used to illustrate things like “fragile states” or “failed states”. However, denoting calamitous governance in the developing world is not its only value. State capacity allows one to draw distinctions at varying levels of granularity between developed countries, and is especially salient when it comes to healthcare, policing, and immigration. It has a knock-on effect in the private sector, too, as business responds to government in administrative kind.

Think, for example, of Covid-19. The most reliable metric — if you wish to compare different countries’ responses to the pandemic — is excess deaths per 100,000 people over the relevant period. That is, count how many extra people died beyond the pre-pandemic mortality rate on a country-by-country basis. For the sake of argument, drop the five countries leading this grim pack. Four of them are developing countries, and the fifth is Russia, which while developed, is both an autocracy and suffers from chronic low state capacity.

At the other end of the scale, ignore China, too. It may be lying about its success or, more plausibly, may have achieved it by dint of being an authoritarian state with high state capacity (notably, the latest round of draconian lockdowns in Shanghai commenced after the WHO collated that data).

The US has the worst excess death rate in the developed world (140 per 100,000). Australia has the best: 28 per 100,000. Yes, you read that right. Australia increased its life expectancy and general population health during the pandemic. So did Japan, albeit less dramatically. The rest of the developed world falls in between those two extremes: Italy and Germany are on 133 and 116 per 100,000 respectively, with the UK (109 per 100,000) doing a bit better. France and Sweden knocked it out of the park (63 and 56 per 100,000 excess deaths).

Recall, too, that not only did different countries adopt different approaches to pandemic management; sometimes there were large differences within countries. Like the US, Australia is a federal system, and as in the US, different states did things differently. Melbourne, capital of the state of Victoria, had the longest lockdown of any major city in the developed world. Other Australian states, meanwhile, locked down sparingly or not at all. In a European context, Sweden rejected most over-the-top Covid responses, the UK was somewhere in the middle, and Italy was thoroughly draconian, even barring unvaccinated people from supermarkets and groceries.

The Cold War Legend That Delivered SAUSAGES To Tanks | Forces TV

Filed under: Britain, Food, Germany, History, Military — Tags: , , — Nicholas @ 02:00

Forces News
Published 26 Apr 2018

To British troops based in north Germany in the last two decades of the Cold War, he was a legend. But this was no commando or member of the special forces.

Check out our website: http://forces.net
Twitter: https://twitter.com/ForcesNews

QotD: Credentialism

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

The minute a profession starts thinking of itself as a profession it’s finished, because henceforth “actually doing the job” will come second to “advancing the guild’s interests”. Not for everyone, of course. Most doctors, I imagine, just want to practice medicine. They probably even feel they’d be much better off without the elaborate apparatus of “the profession” — the American Medical Association, their specialty associations, the unique social status of “being a doctor” (there are a lot more downsides than upsides to this, if you really think about it). They no doubt feel this … until someone outside of it starts badmouthing the guild, or someone inside causes the profession to lose standing. Then they close ranks.

The reason for this — if you want to slap an academic-sounding label on it — is “the reification of the bureaucracy”. Even if 99 out of 100 doctors, say, just want to practice medicine, there’s that last guy who makes “being a doctor” his life’s work. He joins all the associations, and because that kind of guy is basically just Trigglypuff with better hygiene and lower BMI, he quickly rises to a position of influence in every organization. He lives for the bureaucracy. Which means he’s a politician, and there it is.

If you want more examples, look no further than the original guilds, the craft associations of the Middle Ages. Any settlement big enough for actual cash money to change hands in it soon had an exquisitely class-conscious group with lots of actual, but no formal, power. Your smart tyrant co-opted the politicians from the merchant guilds, made them de facto nobility and bade them act like it — that gave you the Renaissance. Your dumb (or merely nonexistent) tyrant let the merchants’ resentments fester — that gave you the Reformation, and the whole catalog of ideological murder that followed.

Severian, “Credentialism Ruins Everything”, Rotten Chestnuts, 2019-03-22.

May 19, 2022

Furniture Forensics with a Craftsman End Table

Filed under: Tools, Woodworking — Tags: , , — Nicholas @ 04:00

Rex Krueger
Published 18 May 2022

Is this confusing end table garbage or a glimpse into history?
(more…)

Alas, poor MiniTru … sent off to the knacker’s yard so soon

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

Apparently the Biden administration is reconsidering the decision to set up a “Ministry of Truth” — at least for the time being — and as Chris Bray shows, the media wants to talk about the evil, Nazi trolls who brought it down:

Labeling instead of describing; a narrative frame instead of factual discussion. Be grateful for Taylor Lorenz, because her cartoon journalism makes the game so gloriously obvious.

Cartoon Lady sort of “reports”, this morning, on the apparent demise of another cultural cartoon: Nina Jankowicz is on her way out at DHS, which is probably disbanding the Disinformation Governance Board. Here, via Revolver, is a non-paywalled copy of the story:

The story is an assemblage of right-out-of-the-gate assumptions, all relentlessly untested. Jankowicz is a “victim”, all disagreement with the decision to start the Disinformation Governance Board was part of a campaign of “coordinated online attacks”, the work of the board was good, disagreement with its creation was bad. None of that is established or explained — it merely is. Here’s the Big Frame, the here’s-what-it-all-means:

    Jankowicz’s experience is a prime example of how the right-wing Internet apparatus operates, where far-right influencers attempt to identify a target, present a narrative and then repeat mischaracterizations across social media and websites with the aim of discrediting and attacking anyone who seeks to challenge them. It also shows what happens when institutions, when confronted with these attacks, don’t respond effectively.

The federal government created a new organization, and people discussed its existence. Criticism and questions necessarily centered on, wait for it, the person identified as the executive director of the new board, the only person publicly identified as a staff member at the organization. The far-right monsters used the tactic of attempting to “identify a target” by … talking about the person chosen, and publicly identified by government, as the leader and public face of a government operation. See how cleverly the extremists choose their targets!?!?!? I mean, who else would you talk about if you wanted to discuss the Disinformation Governance Board? She ran it.

Then, known demon Jack Posobiec tweeted stuff, the monster, and his “early tweets shaped the narrative and Jankowicz was positioned as the primary target.” Again, the person positioned as the primary target of criticism of a government board was the director of the board — after the building burned down, cruel extremists maliciously singled out the fire chief as their target — but Cartoon Lady presents it as a dark and ominous maneuver:

    Just hours after Jankowicz tweeted about her new job, far-right influencer Jack Posobiec posted a tweets accusing the Biden administration of creating a “Ministry of Truth”. Posobiec’s 1.7 million followers quickly sprung into action. By the end of the day, there were at least 53,235 posts on Twitter mentioning “Disinformation Governance Board”, many referencing Jankowicz by name, according to a report by Advance Democracy, a nonpartisan, nonprofit organization that conducts public-interest research. In the days following, that number skyrocketed.

My goodness, people referenced her by name! They referenced the executive director of the board while discussing the creation of the board! nOw dO YoU SeE HOw thE DaRK ArTs oF thE NaZI tRolLs WoRk!?!?!?

Feeding a Templar Knight

Filed under: Food, History, Middle East, Religion — Tags: , , , , — Nicholas @ 02:00

Tasting History with Max Miller
Published 25 Jan 2022

Support the Channel with Patreon ► https://www.patreon.com/tastinghistory
Merch ► crowdmade.com/collections/tastinghistory
Instagram ► https://www.instagram.com/tastinghist…
Twitter ► https://twitter.com/TastingHistory1
Tiktok ► TastingHistory
Reddit ► r/TastingHistory
Discord ► https://discord.gg/d7nbEpy
Amazon Wish List ► https://amzn.to/3i0mwGt

Send mail to:
Tasting History
PO Box 766
Burbank, CA 91503

Recipe
Boar Tenderloin
Equal parts wine and water for boiling
1 thick slice of bread without crust
1 ¼ cups white wine
¼ cup red wine
1 teaspoon ginger
2 teaspoon cinnamon
½ teaspoon nutmeg
Pinch of saffron threads
2 tablespoons brown sugar
Pinch of salt
1 tablespoon red wine vinegar (optional)

1. Heat olive oil in a pot then sear the boar on all sides. Remove it from the pot and boil equal parts wine and water, then add the boar back in and boil, covered, for 10-15 minutes or until fully cooked. Then let it rest.
2. To make the sauce, mix the spices and white wine. Separately, soak the bread in water for a few hours, then pour in the red wine. Strain the bread/wine into a saucepan, then press the bread through the strainer. Add the spiced wine mixture and bring to a simmer. Let simmer for 15 minutes, or until half reduced, then add the sugar and salt, and if you with, a tablespoon of red wine vinegar. Simmer until thickened.
3. Slice the boar and pour the sauce over it. Serve with roasted chestnuts.

LINKS TO SOURCES**
Le Viandier de Taillevent: https://amzn.to/3FWD7FS
Le Ménagier de Paris: https://amzn.to/3fKgyt0
The Primitive Rule of the Templars by Bernard de Clairvaux: https://amzn.to/3ItxiRY
The Templars by Dan Jones: https://amzn.to/3qOIlin

**Some of the links and other products that appear on this video are from companies which Tasting History will earn an affiliate commission or referral bonus. Each purchase made from these links will help to support this channel with no additional cost to you. The content in this video is accurate as of the posting date. Some of the offers mentioned may no longer be available.

Subtitles: Jose Mendoza | IG @worldagainstjose

Music: Crusade – Video Classica by Kevin MacLeod is licensed under a Creative Commons Attribution 4.0 license. https://creativecommons.org/licenses/…
Source: http://incompetech.com/music/royalty-…
Artist: http://incompetech.com/

#tastinghistory #knightstemplar

From the comments:

Tasting History with Max Miller
3 days ago
Templar should be pronounced TEM-pler, but sometimes I say tem-PLAR when I read it. Don’t do what I do

QotD: “Rules of engagement” for home intruder drills

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

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

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

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

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

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

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

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

May 18, 2022

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

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

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

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

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

And then comes the politics:

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

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

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

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

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

Trident: The Allied Plan to Win the War – Time Ghost News Flash

Filed under: Britain, History, Military, USA, WW2 — Tags: , , , , — Nicholas @ 04:00

World War Two
Published 17 May 2022

Washington, May 1943. It was the largest Anglo-American conference of the war so far. With the Axis being defeated in North Africa, the Mediterranean, and New Guinea, the need to agree on new strategic goals arose inside the Combined Chiefs of Staff. A new course of action was to be set against Italy, Japan, and Germany to capitalize on the recent successes. But debates and old dilemmas heated up when it came to resources, manpower, and the question “where to attack next”.
(more…)

For the Canadian government, announcing new programs is far more important than implementing them

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

It often appears that the Liberal government in Ottawa operates almost exclusively on an “appearance only” basis: whatever the situation, it’s the “optics” that matter the most and actual delivery on announcements barely counts at all. It doesn’t help at all that the media generally has the same set of priorities, because they need things to talk about on news shows and the headlines don’t write themselves in the newspapers — and legacy media’s social media concerns are even more about flash and clickbait than their primary product.

Canada has been quick to announce new initiatives to help Ukrainian refugees, but true to form, very slow to actually make any of these initiatives happen, as Joti Heir discusses in The Line:

Justin Trudeau has always had a strong affinity for the symbolic gesture, especially when the media are around to record it.

It’s almost as though the Canadian federal government is working buttocks-backward when it comes to the Ukrainian refugee file. After Russia invaded Ukraine on February 24, helping Ukrainian refugees get to a safe place fast was the biggest concern. However, now, close to three months later, the bigger concern is how to help the refugees that are in Canada or making their way here.

“We are seeing an increasing amount of frustration within our community about the pace with which programs and announcements are being implemented,” says Orest Zakydalsky, senior policy analyst with the Ukrainian Canadian Congress (UCC).

“For example, a month ago, the prime minister announced income support when he co-hosted the [StandWithUkraine] telethon with the European Council president, he announced there would be income support for people coming to Canada. A month later, they’re not available.”

The announcement on April 9 indicated that Ukrainian refugees would be able to access $500 per week for a period of up to six weeks. At the same time, it was also announced that housing support in the form of two-week hotel stays would be provided. Both programs do not appear to have been implemented.

“We appreciate this is a very difficult situation for governments, this is a crisis that emerged very suddenly,” says Zakydalsky.

“On the other side, the other problem is that the people that are in Europe, that have left Ukraine, that are looking to come to Canada, see these announcements and quite reasonably think that when a program is announced it is available.”

L119A2: The New British SOF Rifle

Filed under: Britain, Cancon, Military, Weapons — Tags: , , — Nicholas @ 02:00

Forgotten Weapons
Published 24 Jan 2022

http://www.patreon.com/ForgottenWeapons

https://www.floatplane.com/channel/Fo…

Cool Forgotten Weapons merch! http://shop.forgottenweapons.com

Around 2013, the UK MoD began looking for a new rifle to replace the Special Forces’ L119A1. Those A1 rifles were getting old, and something new was needed — and there was some thought that a new rifle could improve on some shortcomings of the A1 model. The new rifle was produced by Colt Canada (formerly Diemaco), and it was procured in both 10″ and 15.7″ barrel lengths (note that the rifle in this video has a 16″ barrel to avoid being an SBR).

The most distinctive feature of the new L119A2 was the licensed LMT monolithic upper receiver. This was used because it allowed solid mounting of devices like lasers on the side rails. However, it had major shortcomings in terms of heat retention and cleanability. The A2 also now used a MagPul CTR stock, and Geissele triggers (an excellent improvement from the A1’s MILSPEC trigger). The same Surefire suppressors were used, as were the optics from the A1s — the new A2 tender did not include new optics (nor funding for them).

Very few photos are known showing the L119A2. It came into service around 2016 or 2017, and entered public awareness after Christian Craighead was photographed using one in the Nairobi Westlands mall siege in 2019.

Contact:
Forgotten Weapons
6281 N. Oracle 36270
Tucson, AZ 85740

QotD: Sparta’s excellent military reputation was not matched by actual battlefield excellence

Filed under: Europe, Greece, History, Military, Quotations — Tags: , , , , — Nicholas @ 01:00

Sparta had a formidable military reputation, but their actual battlefield performance hardly backed it up. During the fifth and fourth centuries, Sparta lost as often as it won. Spartan battlefield tactics were a bit better than other Greek poleis, but this is damning with faint praise. The Spartiates themselves were mostly like every other group of wealthy Greek hoplites. But the Spartan military reputation was extremely valuable – the loss of that reputation during the Peloponnesian War does much to explain the rough decades Sparta would experience following its end.

That is one of the core things we can learn from Sparta: a reputation for military excellence can often be more valuable than the excellence itself – real or imagined. A powerful army can only fight one battle at a time, but the idea of a powerful army can intimidate any number of enemies all at once. […] when Sparta was forced to turn from intimidation to force, it ran out of force with frightening speed.

Those who have been here for a while may already be wondering, “Wait, though – this is the guy who is always telling us that winning battles isn’t as important as achieving strategic objectives and who is always on about logistics and operations! What about that?” I think that actually goes a long way to explaining how an army with a modest advantage in tactics and organization ends up without a winning record. […] I want to stress something here: the horrors of Spartan society cannot be justified on the grounds they produced superior soldiers, because they quite evidently did not. Sparta’s actual military record was, in fact, depressingly average. Only the reputation was special; the men were just men.

Bret Devereaux, “Collections: This. Isn’t. Sparta. Part VI: Spartan Battle”, A Collection of Unmitigated Pedantry, 2019-09-20.

May 17, 2022

Mary Whitehouse, “The avenging angel of Middle England”

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

At First Things, Jonathon Van Maren considers the legacy of Mary Whitehouse, the often mocked champion of public decency and crusader against pornography and blasphemy in the media from the mid-60s onwards:

I was surprised to find few public domain images of Mary Whitehouse available, so here is a selection of thumbnails (hopefully this won’t violate any copyright restrictions)

We have reached the point where our post-Christian elites, having safely enshrined the sexual revolution in law, can afford the luxury of occasionally admitting that their opponents were right. Exhibit A is the new BBC documentary Banned! The Mary Whitehouse Story, which details the life of Great Britain’s most infamous morality campaigner. Beginning with a crusade to keep smut and blasphemy off TV in 1964, Whitehouse rallied hundreds of thousands of women (and ordinary Britons) to her campaigns against “the permissive society”, culminating in her war against the porn industry. Alas, she lost most of her battles — but her warnings proved prophetic.

Mary Whitehouse was born in Warwickshire in 1910. She first started organizing in the 1960s because she — and millions of other mothers — did not like what her children were seeing on TV. A committed traditional Christian, she watched with dismay as the country she loved began to change around her. The metropolitan elites she faced off with thought she was “a provincial Birmingham housewife”. They didn’t underestimate her for long. She hosted her first mass meeting in 1964, and her organizing skills soon highlighted the subterranean power of Britain’s women. Whitehouse tapped into the gardening associations, the mothers’ unions, and other grassroots community organizations filled with folks who cared deeply about their children and the moral fabric of their nation. She brought them together, and when she spoke, it was with the voices of legions of little people. Her nickname summed it up: “The avenging angel of Middle England”.

Whitehouse’s first major campaign was to “Clean Up TV”, and her parliamentary petition to that end garnered around 500,000 signatures. In 1971, Whitehouse began organizing against sex ed in schools, triggered by an “educational” video she saw that was filled with pornographic scenes. Whitehouse was accused of hysteria — but Banned! features a pornographer admitting that, by using sex ed, “we gradually pushed back the barriers”, much as Whitehouse warned they would. Now that they’ve won, they can admit they were lying.

Whitehouse and others appalled by attempts to corrupt their children were accused of being “horrified by sex”. In reality, they were horrified by the version of sex presented by sex educators — in much the same way an art lover would be appalled to see vandals approaching a great masterpiece with cans of spray-paint and lewd laughter. Progressives never understood this, and consequently Whitehouse has been almost entirely defined by what she fought against rather than what she fought for.

Whitehouse’s lobbying resulted in several pieces of legislation, including the 1981 Indecent Displays Act, which sought to restrain sex shops and the display of porn, as well as the 1984 Video Recordings Act, intended to limit the sale of extreme video content. Unfortunately, these acts were rendered moot by the internet. But her greatest achievement was the 1978 Protection of Children Act, which criminalized child pornography. It seems remarkable that such a law did not already exist, but in the ’70s the Paedophile Information Exchange (PIE) was operating openly in Britain; it was supported by some British elites who believed that sex with children was the natural next step in sexual liberation.

The Crusades: Part 6 — The Loss of Jerusalem

Filed under: Europe, History, Middle East, Military, Religion — Tags: , , , , , — Nicholas @ 04:00

seangabb
Published 27 Feb 2021

The Crusades are the defining event of the Middle Ages. They brought the very different civilisations of Western Europe, Byzantium and Islam into an extended period of both conflict and peaceful co-existence. Between January and March 2021, Sean Gabb explored this long encounter with his students. Here is one of his lectures. All student contributions have been removed.
(more…)

The Canadian government has a much more expansive view of “use of journalistic content” than most Canadians do

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

Michael Geist continues looking at the differences between what the Canadian government says they’re trying to do with their Online News Act (Bill C-18) and how the actual wording of the bill will operate:

Parliament Hill in Ottawa.
Photo by S Nameirakpam via Wikimedia Commons.

But is it reasonable to legislate that posting a news headline constitutes making that news content available? Can Canada even do that and still remain compliant with international copyright laws under the Berne Convention which require countries to feature an exception for quotation? Indeed, international copyright law recognizes the critical importance of enabling quotation free from limitations as an essential element of expression, yet Bill C-18 adopts an approach that may violate that principle by requiring compensation for quotation.

Sub-section (b) moves far beyond reproduction into a realm that bears little resemblance to use or a reasonable definition of “making available”. It covers facilitating access to news by any means. In what way is facilitating access to news the same as making it available (much less using it)? A facilitating access to news standard is virtually limitless: newsstands, news screens in elevators or taxis, television manufacturers, or newspaper box makers can all be said to be facilitating access to news. The bill limits its scope to DNIs, but the policy principle that this bill is simply compensating for the use of content is twisted beyond all recognition.

In fact, it is clear that this extreme approach is precisely what the government intends. By citing examples such an indexing, aggregation or ranking of news content it is saying that virtually anything that a platform does – linking to news articles or merely to news organizations, indexing content at the request of the news organization (even if the actual content is not openly available as is the case with paywalled sites), or creating a list of news articles on a given topic are all “facilitating access to news content” which requires compensation.

Would Canadians agree that this link to the front page of the Globe and Mail is making the Globe‘s available? If this link appears on Google or Facebook, the government says that it is. If someone searches for newspapers in Montreal to learn more about developments in the city, is the list of newspapers in that city making the content available? Once again, the government says that it is.

The initial debate on Bill C-18 featured several interventions about the problems of misinformation. In light of the actual provisions in the bill, claims that it simply requires compensation for use might ironically be fairly characterized as misinformation. Unfortunately, the problematic claims associated with the bill don’t stop there as tomorrow’s post on market intervention will illustrate.

« Newer PostsOlder Posts »

Powered by WordPress