Quotulatiousness

April 24, 2024

Australia cribs from Trudeau’s notes and tries to censor the internet outside their borders

Filed under: Australia, Government, Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 05:00

Tim Worstall explains to the Australian federal government why their attempt to force Elon Musk to obey Australian diktats on Twit-, er, I mean “X” outside Australia is extreme over-reach and should be firmly rejected:

It’s entirely true that Elon Musk is a centibillionaire currently telling the Australian Government that they can fuck off. It’s also true that if Elon Musk were of my level of wealth — or perhaps above it and into positive territory — he should be telling the Australian Government to fuck off.

This also applies to the European Union and that idiocy called the right to be forgotten which they’ve been plaguing Google with. Also to any other such attempts at extraterritoriality. Governments do indeed get to govern the places they’re governments of. They do not get to rule everyone else — the correct response to attempts to do so is fuck off.

So, Musk is right here:

What this is about doesn’t really matter. But, v quickly, that attack on the Armenian Church bishop is online. It’s also, obviously, highly violent stuff. You’re not allowed to show highly violent stuff in Oz, so the Oz government insist it be taken down. Fair enough – they’re the government of that place. But they are then demanding further:

    On Monday evening in an urgent last-minute federal court hearing, the court ordered a two-day injunction against X to hide posts globally….

Oz is demanding that the imagery be scrubbed from the world, not just that part of it subject to the government of Oz. Leading to:

    Australia’s prime minister has labelled X’s owner, Elon Musk, an “arrogant billionaire who thinks he is above the law”

And

    Anthony Albanese on Tuesday said Musk was “a bloke who’s chosen ego and showing violence over common sense”.

    “Australians will shake their head when they think that this billionaire is prepared to go to court fighting for the right to sow division and to show violent videos,” he told Sky News. “He is in social media, but he has a social responsibility in order to have that social licence.”

To which the correct response is that “Fuck off”.

For example, I am a British citizen (and would also be an Irish one if that country ever managed to get up to speed on processing foreign birth certificates) and live within the EU. Australian law has no power over me — great great granny emigrated from Oz having experienced the place after all. It’s entirely sensible that I be governed by whatever fraction of EU law I submit to, there are aspects of British law I am subject to as well (not that I have any intention of shagging young birds — or likelihood — these days but how young they can be is determined not just by the local age of consent but also by British law, even obeying the local age where I am could still be an offence in British law). But Australian law? Well, you know, fu.. … .

“What is to be done?” – N.S. Lyons at the National Conservatism Conference in Brussels

Filed under: Europe, Media, Politics — Tags: , , , — Nicholas @ 04:00

I suspect the recent National Conservatism Conference in Brussels would have been a mere blip in the media if it hadn’t been for the dedicated and persistent efforts of local Belgian politicians and activists to prevent it from happening at all, using almost every tool at their disposal. By chasing the event from venue to venue, intimidating the businesses who had contracted to provide services to the event and then finally sending in a massive police presence to physically prevent the conference from going forward, it became a nine-day wonder. One of the people invited to speak at the event was N.S. Lyons:

“What is to be done?” That seems to be the question on everyone’s lips these days. Answering it is I think in fact the real purpose of this conference on National Conservatism here in Brussels.

By now most of us are well aware of the scope of the problems we face. Our societies are controlled by a transnational class of managerial elites increasingly isolated from the people they rule, and from reality. These elites, and the many institutions they control, have been captured by a revolutionary ideology that seeks to remake the world, and everyone in it, from the top down.

The vast machinery of modern managerial technocracy has been turned against us, its bulging bureaucracies seeking to impose on us a totalizing project of internal colonization. Our systems of self-governance, the cultural fabric of our national ways of life, even our very human nature are being intentionally suppressed and replaced with the stifling conformity of a rigid system of ideological and technological control. All remaining semblances of democratic accountability are today being cast aside in favor of governance via mass manipulation and open coercion. Increasingly, any dissent is treated as a threat to the security of the state – and is punished as such.

As has been so amply demonstrated by the police outside our very doors, dispatched to shut down this conference, for conservatives and other dissidents this state of affairs means escalating exclusion and persecution. The reality is that any “liberal neutrality” or “rule of law” once maintained by the state no longer exists – such restraint was an artifact of the old order.

Meanwhile, managerialism’s progressive project has produced a deliberate inversion of moral values, a degradation of competence, and an implosion of social trust. This has begun to induce collapse in the basic systems upholding civilization. The result is a proliferation of crime, addiction, social atomization, and general despair, dysfunction, disorder, and decay. So now we suffer under a state of simultaneous anarcho-tyranny.

What is to be done? First of all, it should be clear by now that old guard conservatism will be of no use to us whatsoever. For decades, such a conservatism has failed to conserve much of anything at all. Even when successfully elected to political office with a strong mandate, conservatives of this mode are soon either coopted by the oligarchic establishment or find themselves isolated and helpless before the vast unelected managerial “deep state”.

They have proven themselves unable to combat either the relentless march of progressive cultural hegemony, or the growing technocratic tyranny that openly advertises its intent to ultimately destroy them. Over and over again, they are fast reduced to blustering uselessly at Congressional hearings, whining on talk shows, or settling in to merely grift whatever they can, while they can. So, unfortunately, just “voting harder” will not be enough to get us out of our present mess.

April 7, 2024

QotD: Censorship works, but not the way the censors think it does

Filed under: Government, Media, Politics, Quotations — Tags: , — Nicholas @ 01:00

Preference Falsification — If people are afraid to say what they really think, they will instead lie. Therefore, punishing speech — whether by taking offence or by threatening censorship — is ultimately a request to be deceived.

Gurwinder Bhogal, “33 concepts to survive the year”, UnHerd, 2024-01-01.

April 5, 2024

“[T]oo many charlatans of this species have already been allowed to make vast fortunes at the expense of a gullible public”

Colby Cosh on his “emerging love-Haidt relationship” as Jonathan Haidt’s new book is generating a lot of buzz:

If Haidt has special expertise that wouldn’t pertain to any well-educated person, I wonder a little in what precise realm it lies. Read the second sentence of this article again: he’s a psychologist … who teaches ethics … at a business school? Note that he seems to have abandoned a prior career as an evolutionary biology pedlar, and the COVID pandemic wasn’t kind to his influential ideas about political conservatives being specially motivated by disgust and purity. Much of The Anxious Generation is instead devoted to trendy findings from “neuroscience” that it might be too kind to describe as “speculative”. (I’ll say it again until it’s conventional wisdom: a “neuroscientist” is somebody in a newly invented pseudofield who couldn’t get three inches into the previously established “-ology” for “neuro-“.)

These are my overwhelming prejudices against Haidt; and, in spite of all of them, I suspect somebody had to do what he is now doing, which is to make the strongest available case for social media as a historical impactor on social arrangements and child development. Today the economist/podcaster Tyler Cowen has published a delightfully adversarial interview with Haidt that provides a relatively fast way of boning up on the Haidt Crusade. Cowen belongs to my pro-innovation, techno-optimist, libertarian tribe: we both feel positive panic at the prospect of conservative-flavoured state restrictions on media, which are at the heart of the Haidt agenda.

But reading the interview makes me somewhat more pro-Haidt than I would otherwise be (i.e., not one tiny little bit). On a basic level, Cowen doesn’t, by any means, win the impromptu debate by a knockout — even though he is one of the most formidable debaters alive. Haidt has four key reforms he would like to see implemented politically: “No smartphones before high school; no social media before age 16; phone-free schools; far more unsupervised play and childhood independence.”

This is a fairly limited, gentle agenda for school design and other policies, and although I believe Haidt’s talk of “rewiring brains” is mostly ignorable BS, none of his age-limitation rules are incompatible with a free society, and none bear on adults, except in their capacity as teachers and parents.

The “rewiring” talk isn’t BS because it’s necessarily untrue, mind you. Haidt, like Jordan Peterson, is another latter-day Marshall McLuhan — a boundary-defying celebrity intellectual who strategically turns speculation into assertion, and forces us, for better or worse, to re-examine our beliefs. McLuhan preached that new forms of media like movable type or radio do drive neurological change, that they cause genuine warp-speed human evolution — but his attitude, unlike Haidt’s, was that these changes are certain to happen, and that arguing against them was like arguing with the clouds in favour of a sunny day. The children who seem “addicted” to social media are implicitly preparing to live in a world that has social media. They are natives of the future, and we adults are just observers of it.

April 1, 2024

“The loss of capacity for memory or real experience is what makes people susceptible to the work of cartoon pseudo-intellectuals”

Matt Taibbi strongly encourages his readers to exercise their brains, get out of the social media scroll-scroll-scroll trap, and stay sane:

After a self-inflicted wound led to Twitter/X stepping on my personal account, I started to worry over what looked like the removal of multiple lanes from the Information Superhighway. Wikipedia rules tightened. Google search results seemed like the digital equivalent of a magician forcing cards on consumers. In my case, content would often not even reach people who’d registered as social media followers just to receive those alerts.

I was convinced the issue was political. There was clear evidence of damage to the left and right independents from companies like NewsGuard, or the ideologically-driven algorithms behind Google or Amazon ad programs, to deduce the game was rigged to give unearned market advantages to corporate players. The story I couldn’t shake involved video shooter Jon Farina, whose footage was on seemingly every cable channel after J6, but which he himself was barred from monetizing.

Now I think differently. After spending months talking to people in tech, I realize the problem is broader and more unnerving. On top of the political chicanery, sites like Twitter and TikTok don’t want you leaving. They want you scrolling endlessly, so you’ll see ads, ads, and more ads. The scariest speech I heard came from a tech developer describing how TikTok reduced the online experience to a binary mental state: you’re either watching or deciding, Next. That’s it: your brain is just a switch. Forget following links or connecting with other users. Four seconds of cat attacking vet, next, five ticks on Taylor Ferber’s boobs, next, fifteen on the guy who called two Chinese restaurants at once and held the phones up to each other, next, etc.

Generations ago it wasn’t uncommon for educated people to memorize chunks of The Iliad, building up their minds by forcing them to do all the rewarding work associated with real reading: assembling images, keeping track of plot and character structure, juggling themes and challenging ideas even as you carried the story along. Then came mass media. Newspapers shortened attention span, movies arrived and did visual assembly for you, TV mastered mental junk food, MTV replaced story with montages of interesting nonsensical images, then finally the Internet came and made it possible to endlessly follow your own random impulses instead of anyone else’s schedule or plot.

I’m not a believer in “eat your vegetables” media. People who want to reform the press often feel the solution involves convincing people that [they] just should read 6,000-word ProPublica investigations about farm prices instead of visiting porn sites or watching awesome YouTube compilations of crane crashes. It can’t work. The only way is to compete with spirit: make articles interesting or funny enough that audiences will swallow the “important” parts, although even that’s the wrong motive. Rolling Stone taught me that the lad-mag geniuses that company brought in in the nineties, who were convinced Americans wouldn’t read anything longer than 400 words in big type, were wrong. In fact, if you treat people like grownups, they tend to like a challenge, especially if the writer conveys his or her own excitement at discovery. The world is a great and hilarious mystery and if you don’t have confidence you can make the story of it fun, you shouldn’t be in media. But there is one problem.

Inventions like TikTok, which I’m on record saying shouldn’t be banned, are designed to create mentally helpless users, like H addicts. If you stand there scrolling and thinking Next! enough, your head will sooner or later be fully hollowed out. You’ll lose the ability to remember, focus, and decide for yourself. There’s a political benefit in this for leaders, but more importantly there’s a huge commercial boon. The mental jellyfish is more susceptible to advertising (which of course allows firms to charge more) and will show less and less will over time to walk out of the Internet’s various brain-eating chambers.

A cross of Jimmy Page and Akira Kurosawa probably couldn’t invent long-form content to lure away the boobs-and-cat-video addicts these sites are making. The loss of capacity for memory or real experience is what makes people susceptible to the work of cartoon pseudo-intellectuals like Yuval Noah Harari, who seem really to think nothing good or interesting happened until last week. The profound negativity of these WEF-style technocrats about all human experience until now reminds me of Ray Bradbury’s Fahrenheit 451, whose dystopian characters feared books because “They show the pores of the face of life”.

March 29, 2024

QotD: Pay no attention to the empty suit behind the social media curtain!

Filed under: Business, Media, Quotations, Technology, USA — Tags: , , , , — Nicholas @ 01:00

These days, there’s no discernible relationship between “content” and “revenue”, because Facebook doesn’t have “revenue”. All it has is a ticker symbol. Much like Enron, whatever physical product Facebook might once have theoretically produced — all those cat pictures — has been totally subsumed into share price fuckery. Yeah yeah, theoretically their “revenue” comes from ads, but as is well known, a) there is not, and never has been, in any industry, a discernible causal relationship between ads and revenue, and b) Facebook lies through its teeth about it anyway. How many times have they been caught now, including in sworn testimony to Congress?

Given all that, why not censor? Why not let your freak flag fly? Just as being innovative actually counts against you in the music biz these days — sure, sure, y’all might be the next Beatles, but we know Taylor Swift’s lab-grown replacement will move fifty million units — so there are considerable drawbacks, in the social media moguls’ minds, to letting just any old schmoe post anything he wants up on their platforms. What if Faceborg’s ad-generation algorithm decides to put a #woke company’s ad on a badthinker’s page? Faceborg’s entire business model rests on getting #woke companies to keep buying ads, since those ad buys are the only thing that keep the stock price up. And since those #woke corporations have made it abundantly clear that they don’t want those people’s business …

Swing it back to the top. Faceborg et al have figured out a surefire way to “make money” by manipulating their stock price. They don’t need a physical product to do it, but what they absolutely must have, the one thing from which all others flow, is “clicks”. Eyeballs. Whatever you want to call it, the whole house of cards is built on the premise that there are actual users out there — real, physical people, who exist in meatspace — who might theoretically buy the advertisers’ products. But … what if there aren’t?

Zuck et al have been pretty good at faking it so far, but as everyone knows, they are faking. For one thing, they keep getting caught. For another, even academics — the dumbest critters in captivity, Commodore 64-level NPCs who can be counted on to swallow the SJW narrative hook line and sinker — keep publishing studies showing that some huge number of all social media accounts, on all platforms, are bogus.

Indeed, you can test it for yourself. I know, I know, FED!!!!, but hear me out: Get a VPN. Sign up for a burner email. Rejigger the VPN, then use the burner email to sign up for Faceborg, Twitter, whatever. Don’t actually post anything; just sign up. It’s 1000 to 1 that even with no activity whatsoever, you’ll still be deluged with friend requests. The algorithms will take care of that, because as we’ve noted, they have to push the illusion that people are using these platforms, that eyeballs are landing on pages, that fingers are clicking on ads. You’ll get a whole list of “suggestions” of which accounts to follow, all of which — surprise surprise — are never more than a click away from some big advertiser.

Severian, “Own Goals”, Rotten Chestnuts, 2021-07-21.

March 22, 2024

Four years later

Kulak hits the highlights of the last four years in government overstretch, civil liberties shrinkage, the rise of tyrants local and national, and the palpably still-growing anger of the victims:

4 years ago, at this exact moment, we were in the “two weeks” that were supposed to flatten the Curve of Covid.

4 years ago you were still a “conspiracy theorist” if you thought it would be anything more than a minor inconvenience that would last less than a month.

Of course if you predicted that this would not last 2 weeks, but over 2 years; that within 2 months anti-lockdown protests would end in storming of state houses and false-flag FBI manufactured kidnapping attempts of Governors; that within 3 riots would burn a dozens of American cities; that the election would be inconclusive; that matters would go before the US Supreme Court, again; that a riot/mass entrapment would take place within the halls of congress … And then that this was just the Beginning …

That Big-Pharma would rush a vaccine which may well have been more dangerous that the virus; that Australia and various countries would build concentration camps for unvaccinated; that nearly all employers would be pressured or mandated to FORCE this vaccine on their employees; that vaccine passports would be implemented to track your biological status; that Canada and several other countries would implement travel restrictions on the unvaccinated and collude with their neighbors to prevent their population escaping; and then that, nearly 2 years from 2weeks to slow the spread, Canadians!? would mount one of the most logistically complex protests in human history, in the dead of winter, besieging Ottawa and blockading the US border to all trade in an apocalyptic showdown to break free of lockdowns …

Well … not even Alex Jones predicted all of that, though he got a remarkable amount of it.

Indeed the reverence with which Jones is now treated, a Cassandra-like oracle who predicts the future with seemingly (and memeably) 100% clairvoyance only to doomed to disbelief. That alone would have been unpredictable, or unbelievable in those waning days of the long 2019, those first 2-3 months when you could imagine 2020 would MERELY be an Trumpianly heated election cycle like 2016, and not a moment Fukuyama’s veil threatened to tear and History pour back into the world.

Oh, and also the bloodiest European war since the death of Stalin broke out.

March 20, 2024

Google’s unmissable leftward biases

Filed under: Media, Politics, Technology, USA — Tags: , , , — Nicholas @ 04:00

Tom Knighton on a recent New York Post article calling out Google for their strong political biases and how they inform everything that Google and its subsidiaries and affiliates do:

Once, the company was well-known for having the phrase “Don’t be evil” painted on a wall in their headquarters. It’s a noble sentiment, but apparently, it’s now more like “Don’t be evil.”

That’s pretty clear after what we learned from the New York Post:

    Google has been putting its thumb on the scale to help Democratic candidates win the presidency in the last four election cycles during which it censored Republicans, according to a right-leaning media watchdog.

    The Media Research Center published a report alleging 41 instances of “election interference” by the search engine since 2008.

    The MRC published a report accusing Google of having “utilized its power to help push to electoral victory the most liberal candidates…while targeting their opponents for censorship.”

    The report comes weeks after AllSides conducted an analysis which found that news aggregator Google News skewed even more off the charts in 2023.

    Google has also come under fire after its Gemini AI image generator produced “woke”-inspired and historically inaccurate images such as black Vikings, female pope and Native Americans among the Founding Fathers.

Now, Google denies the claims and someone close to the company took issue with the methodology used to detect this supposed interference.

But the truth of the matter is that there’s absolutely no reason to believe Google on this because we’ve seen enough of it previously to know better.

For example, YouTube has a profoundly leftward bias. The site is notorious for silencing right-wing voices while allowing leftists to get away with trampling community standards willy-nilly. YouTube is owned by Google, which means they’re at least tacitly endorsing the strategy.

From there, it’s not difficult to see the mothership taking on a similar role, if not originating it. They’re just able to hide it easier.

But even there, we can see it.

I use Google’s news feed regularly, particularly for my work at Bearing Arms. It’s common for me to look up “gun rights” and the first article that shows up, unless I set it for the most recent stories, be one treating them as a negative thing.

So yeah, I have no doubt that Google is playing favorites.

The worst part is that there isn’t anything that can be done through the legal system as far as I’m aware. But that doesn’t mean someone there didn’t realize what they are doing is wrong.

Most probably didn’t, though. They believe the Holy Progressive Cause is so vital, so unerringly good, that they can and should do anything to serve it. That includes displaying a staggering degree of bias in the service of what you believe to be the greater good, your business be damned.

But they knew it would be considered wrong by a great many people, which is why they’re hiding it.

March 19, 2024

Canada’s new international role: the object lesson in failure and tyranny

Tristin Hopper rounds up some of the foreign impressions of Canada’s descent into the west’s object lesson in what not to do in almost every area:

In just the last week, there have been two separate columns in British newspapers framing Canada as a model of what not to do.

Both were inspired by the tabling of Bill 63, the Liberals’ Online Harms Bill. The Spectator said that it effectively engendered the founding of a Canadian “thought police”. The Telegraph cited it as evidence that “Canada’s descent into tyranny is almost complete”.

This didn’t used to happen. It wasn’t too long ago that Canadian politics were famously inaccessible to the wider world. For Canada’s 2008 federal election, The Spectator covered it with a blog post that mostly mused on how nobody cared. “It’s curious that Canada receives almost no foreign coverage, even in Britain where there are, after all, plenty of people with Canadian relatives or connections,” it read.

But now – on topics ranging from assisted suicide to housing affordability to internet regulation – it’s not infrequent that Canada will be cited in foreign parliaments and in foreign media as the very model of a worst-case scenario.

It was just six months ago that The Telegraph scored a viral hit with a mini-documentary framing the political situation in Canada as a “warning to the West”.

“Under Justin Trudeau, Canada has sought to position itself as the global bastion of progressive politics,” reads a synopsis for the film Canada’s Woke Nightmare, which has garnered more than five million views.

The documentary notes that Canada is now at the absolute global vanguard of progressive issues including harm reduction, assisted suicide and gender ideology.

[…]

If the Online Harms Act is suddenly garnering headlines across the rest of the Anglosphere, it’s not because Canadian politics are inherently interesting to the wider world. Rather, it’s because Bill C-63 – just like any number of Trudeau policies before it – is proposing to do things that no other Western democracy has yet proposed.

While plenty of Canada’s peer countries have hate speech controls, Bill C-63 was able to raise even European eyebrows with life sentences for “advocating genocide”, and a provision for police to mandate house arrest merely on suspicion that a Canadian was likely to commit a hate crime.

The Wall Street Journal, for one, profiled the bill as a real-life example of the 2002 film Minority Report, which depicts a dystopian future in which citizens are jailed for “pre-crime”.

Or in the critical words of The Spectator, “this legislation authorises house arrest and electronic tagging for a person considered likely to commit a future crime … if that’s not establishing a thought police, I don’t know what is”.

March 16, 2024

The “TikTok ban” isn’t really about banning TikTok

Filed under: China, Government, Media, Technology, USA — Tags: , , , , — Nicholas @ 04:00

Matt Taibbi explains why the movement to ban TikTok is so dangerous to Americans’ civil liberties:

As discussed on the new America This Week, passage of the TikTok ban represents a perfect storm of unpleasant political developments, putting congress back fully in line with the national security establishment on speech. After years of public championing of the First Amendment, congressional Republicans have suddenly and dramatically been brought back into the fold. Meanwhile Democrats, who stand to lose a lot from the bill politically — it’s opposed by 73% of TikTok users, precisely the young voters whose defections since October put Joe Biden’s campaign into a tailspin — are spinning passage of the legislation to its base by suggesting it’s not really happening.

“This is not an attempt to ban TikTok, it’s an attempt to make TikTok better,” is how Nancy Pelosi put it. Congress, the theory goes, will force TikTok to divest, some kindly Wall Street consortium will gobble it up (“It’s a great business and I’m going to put together a group to buy TikTok,” Steve Mnuchin told CNBC), and life will go on. All good, right?

Not exactly. The bill passed in the House that’s likely to win the Senate and be swiftly signed into law by the White House’s dynamic Biden hologram is at best tangentially about TikTok.

You’ll find the real issue in the fine print. There, the “technical assistance” the drafters of the bill reportedly received from the White House shines through, Look particularly at the first highlighted portion, and sections (i) and (ii) of (3)B:

As written, any “website, desktop application, mobile application, or augmented or immersive technology application” that is “determined by the President to present a significant threat to the National Security of the United States” is covered.

[…]

As Newsweek reported, the bill was fast-tracked after a secret “intelligence community briefing” of Congress led by the FBI, Department of Justice, and the Office of the Director of National Intelligence (ODNI). The magazine noted that if everything goes as planned, the bill will give Biden the authority to shut down an app used by 150 million Americans just in time for the November elections.

Say you’re a Democrat, however, and that scenario doesn’t worry you. As America This Week co-host Walter Kirn notes, the bill would give a potential future President Donald Trump “unprecedented powers to censor and control the internet“. If that still doesn’t bother you, you’re either not worried about the election, or you’ve been overstating your fear of “dictatorial” Trump.

We have two decades of data showing how national security measures in the 9-11 era evolve. In 2004 the George W. Bush administration defined “enemy combatant” as “an individual who was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States”. Yet in oral arguments of Rosul et al v Bush later that year, the government conceded an enemy combatant could be a “little old lady in Switzerland” who “wrote a check” to what she thought was an orphanage.

March 14, 2024

Oddly, Jen Gerson finds her fears about the Online Harms Act unassuaged

There was a point during the last Line podcast where Jen Gerson used the word “assuaged”, and then realized that although she knows what it means and when it’s appropriate to use it, she didn’t know how to say it out loud (a problem I’ve encountered many times in my life, having read widely but not listened to lectures on the various topics I’ve read about). I reference that in the headline, as she recounts going through a belated “technical briefing” on the already tabled bill:

Let’s start by noting that it’s a little bit odd for a government to hold a technical briefing for a bit of legislation more than a week after that legislation has been tabled. Usually presentations of this kind are held for media, MPs, and various stakeholders as or just before a complicated issue or bill is about to be announced to the public.

For the federal government to hold a briefing on the Online Harms Act on March 6 — as it did — raises questions. Questions like “Why?” Questions like “Is this really a ‘technical briefing’ or is this an attempt to assuage concerns about what is actually written in the bill?” And, most importantly, questions like “Am I so assuaged?”

I think, dear readers, that I am not.

Let me explain by appending a caveat about the Online Harms Act, or Bill C-63, which was tabled about two weeks ago. About 75 per cent of what’s in this bill is either good, or benign but potentially useless, and is genuinely focused on mitigating real online harms like child porn and revenge porn. I might nitpick some of those parts if it weren’t for the rest of it. The rest of it consists of “will result in the most significant expansion of Canada’s hate speech laws and create one of North America’s most rigid regulatory environments for media and social media companies”, as law firm Norton Rose Fulbright put it.

In C-63, and its attempts to explain this bill, this government has consistently muddied the waters that delineate between hate crimes and hate speech, and has demonstrated a deep unwillingness to deal with the philosophical problem of defining hate speech in a way that is clear, consistent, and fairly and evenly applied. More specifically, the bill’s attempts to increase the penalties for “advocating genocide” to life imprisonment; the use of peace bonds for pre-crime hate speech; and the re-introduction of Section 13, to be administered by the already questionable Human Rights Tribunal apparatus. All of these present such punitive measures that they would have a chilling effect on speech that is fundamentally incompatible with the freedoms we expect in a Western liberal democracy.

There’s no nice way to put this. These measures reveal deeply authoritarian instincts toward speech and regulation, all the more pernicious as they’re being introduced by people who are absolutely convinced of their own righteous good intentions.

And that brings us back to the aforementioned technical briefing, which attempted to address each of these concerns in turn. I should note that I don’t believe I was invited directly to this briefing — and as I’m not in the Parliamentary Press Gallery, this is not surprising or unusual. I was, however, provided a copy of the briefing in its entirety, and I was told that I was free to quote from it, provided I did not name the Department of Justice official speaking.

To that end, I’d like to provide some excerpts and paraphrases from this briefing, followed by my own observations on what was being presented to an audience of, broadly speaking, laymen. I’ve also run these observations by criminal lawyers to ensure my understanding of the law is sound. If I am in error in any point, I welcome any correction.

March 13, 2024

The true “Online Harms” are coming from inside the bill

Even the state media lapdog CBC admits that the Trudeau government’s proposed Online Harms Act is an incredibly authoritarian piece of legislation:

Justice Minister Arif Virani is defending his government’s Online Harms Bill after celebrated Canadian writer Margaret Atwood shared views comparing the new legislation to George Orwell’s dystopian novel Nineteen Eighty-Four.

The award-winning author took to social media late last week to share an article from the British magazine The Spectator titled, “Trudeau’s Orwellian online harms bill”.

“If this account of the bill is true, it’s Lettres de Cachet all over again,” Atwood wrote on X, referring to letters once sent out by the King of France authorizing imprisonment without trial.

The federal government introduced late last month its long-awaited Online Harms Bill, which proposes to police seven categories of harmful content online, including content used to bully a child, content that sexualizes children or victims of sexual violence, content that incites violence or terrorism, and hate speech.

As part of proposed amendments, “hate speech” would be defined based on Supreme Court of Canada decisions.

“The possibilities for revenge false accusations + thoughtcrime stuff are sooo inviting!” Atwood wrote.

In Orwell’s cautionary novel about a totalitarian society, thoughtcrime is the illegal act of disagreeing with the government’s political ideology in one’s unspoken thoughts.

Atwood famously tackled authoritarian regimes in her novel The Handmaid’s Tale, in which a religious patriarchal society forces women to bear children and those who speak freely are severely punished.

March 12, 2024

Canada is rapidly becoming “a cauldron of authoritarianism”

The degree of control exercised over individual Canadians by various levels of government was already on the increase before the human rights disaster of the Wuhan Coronavirus pandemic handed the power mongers even more control than they’d dreamed of. In Spiked, Brendan O’Neill outlines the horrific Online Harms Act provisions for even more dystopian government oversight if it is passed in its current form:

It seems Justin Trudeau isn’t only a dick – he also gets his ideas from one. Philip K Dick, to be precise. Trudeau’s government has proposed a new law that would give judges the power to put an individual under house arrest if they fear he might commit a hate crime. That’s right – might. It’s right out of The Minority Report, Dick’s 1956 dystopian tale of a future America in which a “Precrime” police division uses intelligence from mutants known as “precogs” to arrest people before they’ve committed an offence. Welcome to woke Canada, where Dickian nightmares come true.

It is courtesy of Bill C-63 that the pitiable citizens of Canada might soon find themselves languishing in court-ordered confinement despite having committed no crime. The bill is devoted to tackling “hate” on the internet. As is always the case when officialdom puffs itself up and declares war on mean words online, it is riddled with draconianism. For example, the mad law, if passed, would allow people to file complaints (shorter version: snitch) to the Canadian Human Rights Commission if they spot “hate speech” online. Those found guilty of this sin of making a nasty utterance could be ordered to pay victims up to $20,000 in compensation. [NR: Other reports say it’s up to $50,000 with an additional $20,000 in fines … per complainant.]

Imagine the levels of grift this would give rise to. The offence-seeking snowflakes of the phoney left would finally be able to monetise their hurt feelings. Call a “transwoman” a fella and he (yes, he – sue me) could potentially drag you to the CHRC for a nice little payday. The law would incentivise complaint-making. Worse, it would foster self-censorship. Who would risk getting angry online, far less logging on when drunk to wind up the woke, when it’s possible they’ll have their pockets turned out by a misnamed Human Rights Commission so that some professional victim can be compensated for the pain of having seen a word or idea he doesn’t like?

It really is possible it will be ideas, not just blind hatred, that will be punished under C-63. The justice minister Arif Virani’s promise that speech that is “awful but lawful” will not be censored, and that a “high threshold” will have to be met before people are penalised for what they post, is not reassuring. After all, Canada’s a country in which entirely legit publications have found themselves under investigation by the Human Rights Commission just for publishing controversial matter. Maclean’s magazine had its collar felt by the human-rights overlords following a complaint from the Canadian Islamic Congress about an excerpt from a book by Mark Steyn. The CHRC also launched an investigation into Alphonse de Valk, a priest, after he raged with passion against same-sex marriage.

I’m not confident that a nation that has such an inquisitorial body, a body whose very description of itself as a “human rights” commission is a brazen act of Orwellian deceit, will keep its promise of permitting the expression of “awful” thoughts. So much is branded “hate speech” these days – from correctly calling “transwomen” men to saying Islam has a lot of dumb ideas – that it feels inevitable that the expression of fairly normal ideas that Canada’s woke regime just doesn’t like will get swept up in this crusade against “hate”. Indeed, under Canada’s C-16 gender-identity law, “deliberately misgendering” a trans person is treated as a potential “violation” of their human rights. I predict that C-63’s incentivising of snitching will cause an explosion in complaints of “misgendering”. Perhaps Canada will become a no-go zone for thoughtcriminals like JK Rowling.

But it is C-63’s proposal to introduce something like precrime into Canada that has caused most waves. The idea is that individuals who are talking shit online, especially if they’re aiming their invective at minority groups, could be ordered to stay indoors or to wear an electronic tag if a judge fears there could be an “escalation” in their behaviour. Precrime, then. Dick’s idea made flesh. The newspaper headlines give a sense of how chilling this suggestion is, how headlong Canada’s descent into dystopia has become. “Justice minister defends house-arrest power for people feared to commit a hate crime in future”, says the Globe and Mail. Mate, when you’re defending the confinement of people who’ve broken no law, it’s surely time to stop and think.

March 1, 2024

Online “harmful content” is in the eye of the beholder

It’s almost refreshing to find so many people realizing just how dystopian the Trudeau government’s proposed Online Harms Act could be if implemented in its current form. Ezra Levant on Twit-, er, I mean “X” points out to Jordan Peterson just how the system would be set up to suppress and punish online speech the complainant didn’t like:

For years the Canadian Human Rights Act (CHRA) has banned discrimination against people based on “gender identity or expression”. You of course have never discriminated against anyone.

But this new bill adds s. 13 to the CHRA, which now says that mere speech is considered discrimination if it is “likely to foment detestation or vilification of an individual or group”.

So now, if someone watches one of your YouTube videos or reads on of your tweets about, say, transgender athletes changing in the girls change room, and as a result is “likely” to have hard feelings towards trans people, that’s hate speech.

That’s step 1. Here’s step 2.

Any member of the public (including non-citizens) can lodge a complaint against you to the Canadian Human Rights Tribunal — an activist quasi-judicial tribunal run by non-judges, appointed by Trudeau.

They can get up to $20,000 per complaint from you — and they don’t have to be the “victim”. (There doesn’t have to be a victim at all — remember it’s a future crime. They only have to show that your tweet or video is “likely to” (i.e might) cause one person to have hard feelings about another person. $20,000 that you’d pay the complainant — plus $50,000 in fines to the government.

Per complaint.

So there could be a new complaint for every tweet you make. Every video. And the complainants can be professional busybodies and activists — they don’t have to be a “victim”.

Why wouldn’t woke activists literally file a CHRA complaint after every single thing you do or say on social media? It’s free. There’s no limit. Even if you “win”, you lose — the process is the punishment. And of course, they’re going to win. This will become an industry — to enrich woke grifters and destroy you financially.

But here’s the truly amazing part: the complainants can keep their identity a secret from you. Secret testimony from secret witnesses — who get paid up to $20,000 to take a run at you.

That’s how they’re going to come for you — and for us at @RebelNewsOnline

In the National Post, Jamie Sarkonak considers how the “digital safety” provisions of the Online Harms Act might be implemented:

The law would put “harmful content” in scope of government regulation by way of “arm’s-length” agencies. Targeted content would include media depicting sexual abuse (and understandably so), as well as any content that “expresses detestation or vilification” of any group considered by human rights legislation to be vulnerable and is likely to foment such feelings given the context of the communication (less understandably so). Identity-based protections are inherently more subjective, and they aren’t afforded equally to everyone: human rights law tends not to protect white people, for example.

The bill states that expressing disdain and dislike — or discrediting, humiliating, hurting or offending — is not necessarily hateful for the purposes of online regulation. Critically, it’s silent on what does make speech cross over into unacceptable territory. There’s no hard threshold.

At what point does discussion of the fact that most gender-diverse sex offenders in federal prison are transwomen (male) cross over into “harmful content” territory? Or the fact that Black people make up only three per cent of the population, but represent six per cent of all accused in criminal courts? Or the fact Eritreans in Canada, half of whom arrived after 2016, and who come from a country known for not cooperating with the deportation process, are increasingly rioting in response to politics back home?

Regardless, the promotion of actual hate propaganda, and the incitement of genocide, are already crimes in Canada, so the very worst speech was already covered by the current law and enforceable by the police. If the Liberals wanted better work done on these fronts, they could have simply raised police funding and staffed the courts with judges, as manpower is a primary constraint in dealing justice.

Instead of maintaining the systems that exist, the online harms law would add proactive measures in the form of a new bureaucracy to ensure that everything from genocide advocacy to the insulting recitation of upsetting facts don’t get out of hand. These will work in tandem with reactive measures: the crime of “hate crime” will be enforceable at criminal law, and the Canadian Human Rights Commission will be empowered to adjudicate cases of rights-violating content online.

February 29, 2024

The incredibly harmful Online Harms Act

Michael Geist thinks a substantial part of the Online Harms Act should be removed:

Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill, I identified the provisions as one of three red flags, warning that they “feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints”. There is no obvious need or rationale for penalties of life in prison for offences motivated by hatred, nor the need to weaponize human rights complaints by reviving Human Rights Act provisions on communication of hate speech. As more Canadians review the bill, there is a real risk that these provisions will overwhelm the Online Harms Act and become a primary area of focus despite not being central to the law’s core objective of mitigating harms on Internet platforms.

Indeed, these concerns are already attracting media coverage and were raised yesterday in columns and commentary from Andrew Coyne and Professor Richard Moon, who I think rightly describes the core provisions of the Online Harms Act as “sensible and workable” but notes that these other provisions are troubling. Bill C-63 is effectively four bills in one: (1) the Online Harms Act, which forms the bulk of the bill and is focused on the duties of Internet platforms as they respond to seven identified harms, (2) the expansion of mandatory child pornography reporting requirements to include those platforms, (3) the Criminal Code provisions, which opens the door to life in prison for committing offences that are motivated by hatred of certain groups, and (4) the changes to the Canadian Human Rights Act, which restores Section 13 involving communicating hate speech through the Internet as a discriminatory practice. The difference between the first two and the latter two is obvious: the first two are focused on the obligations of Internet platforms in addressing online harms, while the latter two have nothing directly to do with Internet platforms at all.

The Criminal Code and Human Rights Act changes originate in Bill C-36, which was introduced in 2021 on the very last sitting day of the Parliamentary session. The bill died on the order paper with an election call several weeks later and did not form a core part of either the online harms consultation or the 2022 expert panel on online harms. These provisions simply don’t fit within a legislative initiative that is premised on promoting online safety by ensuring that social media services are transparent and accountable with respect to online harms. Further, both raise legitimate concerns regarding criminal penalties and misuse of the human rights complaint system.

At the National Post, Carson Jerema points out that under the Online Harms Act, the truth is no defence:

As much as the Liberals want everyone to believe that their proposed online harms act is focused almost exclusively on protecting children from predators, and that, as Justice Minister Arif Virani said, “It does not undermine freedom of speech,” that simply isn’t true. While the legislation, tabled Monday, could have been much worse — it mercifully avoids regulating “misinformation” — it opens up new avenues to censor political speech.

Under the bill, condemning the Hamas massacre of 1,200 people on Oct. 7, could, under some circumstances, be considered “hate speech”, and therefore subject to a human rights complaint with up to $50,000 in penalties. As part of the new rules designed to protect Canadians from “online harms”, the bill would reinstate Section 13 of the Canadian Human Rights Act, the hate speech provision repealed under the Harper government.

The new version is more tightly defined than the original, but contains the same fatal flaws, specifically that truth is no defence and that what counts as hate speech remains highly subjective.

Under the new Section 13: “it is a discriminatory practice to communicate or cause to be communicated hate speech by means of the Internet or any other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination”.

It is distressingly easy to imagine scenarios where everyday political speech finds itself under the purview of the Canadian Human Rights Commission. Criticizing Hamas and the murderous ideology that motivates it could, to some, be seen as “likely to foment detestation or vilification” against a group, especially if the condemnation of Hamas notes that Palestinians generally support the terrorist group or that Hamas is driven by religious fanaticism.

Dan Knight calls it “the sequel no one asked for”:

Morning my fellow Canadians and lets break into the liberals latest sequel with Bill C-63 the its failed predecessor, Bill C-36, which is a sequel nobody asked for in the saga of online hate speech legislation. We’re witnessing a government’s second attempt to police what you can say online.

Now, the Liberal government in Canada initially put forward Bill C-36. This bill aimed to tackle extreme forms of hate speech online. It sought to bring back a version of a section that was repealed from the Canadian Human Rights Act in 2013. Why was it repealed, you might ask? Because critics argued it violated free speech rights. But here we are, years later, with the Liberals trying to reintroduce similar measures under the guise of combating hate speech. Under the proposed changes, folks could be fined up to $20,000 if found guilty of hate speech that identifies a victim. But here’s the kicker: the operators of social media platforms, the big tech giants, are initially left out of the equation. Instead, the focus is on individuals and website operators. Now, the government says it plans to hold consultations over how to make these social media platforms more accountable. But the details are hazy, and the timeline is, well, as clear as mud.

The justice minister of Canada has framed these amendments as a way to protect the vulnerable and hold individuals accountable for spreading hatred online. But let’s be clear: there’s a thin line between protecting individuals and infringing upon free speech. And that line is looking blurrier by the day in Canada. Critics, including the Opposition Conservatives, have voiced concerns that these measures could curb freedom of speech and be difficult to enforce. They argue that the government’s efforts might not just be about protecting citizens but could veer into controlling what can and cannot be said online. And when the government starts deciding what constitutes “hate speech”, you have to start wondering: Who gets to draw that line? And based on what standards?

And, just when you thought it couldn’t get any more Orwellian, enter the pièce de résistance: the Digital Safety Commission of Canada. Because, clearly, what’s missing in the fight against “hate speech” is another layer of bureaucracy, right? Another set of initials to add to the alphabet soup of governmental oversight. So, here’s the deal: this newly minted commission, with its CEO and officers — oh, you better believe there will be officers — is tasked with overseeing the online speech of millions. And let me tell you, nothing says “independent” like a government-appointed body policing what you can and cannot say on the internet. I can just imagine the job postings: Now Hiring: Online Expression Regulators, proficiency in silencing dissent highly valued.

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