Quotulatiousness

May 26, 2021

The Line refutes arguments recently posted in … The Line

Recently the editors at The Line accepted an article from the astroturf “advocacy” group Friends of Canadian Broadcasting, pushing the establishment line that all of us peons and useless idiots in the blogosphere and even a few undisciplined malcontents among the actual mainstream media are totally misunderstanding and misrepresenting what the government is trying to do with their “tax the web giants” initiative. Peter Menzies responds to the latest bullshit propaganda offensive:

[Mouthpiece for Friends of Canadian Broadcasting Daniel] Bernhard makes a great case for the regulation of tech giants, pointing to some truly dreadful things such as the New Zealand massacre streamed on Facebook, and exploitive content uploaded to Montreal’s PornHub.

To the best of my knowledge, none of the people listed above disagree with the Friends on this point. In fact, many have made the case that Bill C-10 is an unnecessary diversion from more serious online industry problems — some of which are addressed in another bill (C-11).

The big matters that need to be addressed by the government involve algorithms, data collection, privacy protection, and anti-competitive practices — not the facility of the Netflix search tool, nor whether the search term “Canadian” should pop up as a default selection.

My main point of disagreement to Bernhard’s piece is that the Internet is no more broadcasting than a cow is a caribou. Further, it’s ridiculous to think that an outmoded relic such as the 1991(!) Broadcasting Act is the proper tool to use to govern communications in the 21st Century (for those inclined, there is a complete policy paper available here that fleshes that out.)

In terms of the sections 2.1 vs 4.1 legal arguments, I’m pretty certain I will lose most of The Line readers if I delve into those details. I’m more than comfortable deferring to my fellow “militants” such as law professors Laidlaw and Geist, whose arguments have been so overwhelming that not even Attorney General David Lametti attempted to refute them in the defence of Guilbeault, who has now established himself as the most regressive Heritage Minister in the history of that ministry.

All readers really need to know is that, yes, Bill C-10 makes it legal for the CRTC to regulate your video or audio uploads if they are posted to “social media”, the definition of which will be left entirely up to the nine government-appointed CRTC commissioners. Who knows what they’ll come up with. There are no minutes of their meetings, so it’s impossible to know what they might be thinking.

I mean, if it was easy to define social media you’d think the government would have just done it, right? Similarly, if the legislation is aimed only at the bad behaviour of the “Web Giants” — the pejorative term Guilbeault has engaged — the bill ought to simply say that. But it doesn’t.

And as for the government-approved Canadian Content industry’s argument that it didn’t want to regulate/suppress the user generated content produced by the rest of us . . .

Oh Yes They Did.

May 21, 2021

Mission creep – to “make the web giants pay”, the feds will “need” to regulate everything Canadians view or post online

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

Michael Geist explains why we can safely discount any new lies that the Heritage Minister spews about his Bill C-10 censorship bill:

Canadian Heritage Minister Steven Guilbeault has tried to deflect public concern with the regulation of user generated content under Bill C-10 by claiming the intent is to make the “web giants” pay their fair share. Yet according to an internal government memo to Guilbeault signed by former Heritage Deputy Minister Hélène Laurendeau released under the Access to Information Act, the department has for months envisioned a far broader regulatory reach. The memo identifies a wide range of targets, including podcast apps such as Stitcher and Pocket Casts, audiobook services such as Audible, home workout apps, adult websites, sports streaming services such as MLB.TV and DAZN, niche video services such as Britbox, and even news sites such as the BBC and CPAC.

The regulations would bring the full power of CRTC regulation over these sites and services. This includes requiring CRTC registration, disclosure of financial and viewership data, Canadian content discoverability requirements (yes, that could mean Canadian discoverability for pornography services), and mandated payments to support Canadian film, television, and music production. The list also notably identifies potential regulation of Youtube Music, Snapchat Originals, and other social media services whose supposed exclusion has been cited as the rationale to extend regulation to user generated content.

The document was obtained by Postmedia journalist Anja Karadeglija, who first reported it last weekend, focusing on departmental warnings about the importance of excluding user generated content from the scope of regulation in Bill C-10 and the necessity of Sections 2.1 and 4.1 (Section 4.1 was removed by the government). The memo states:

    Social media services like YouTube and Facebook greatly expand the number of individuals and other entities that can be said to be transmitting programs over the Internet. This provides an important limitation on the application of the Act by ensuring that under the Act the CRTC cannot regulate the audio or video communications of individuals (or other entities) simply because they use a social media service.

The government obviously ignored the warning and removed the limitation. The document continues by identifying a non-exhaustive list of services that “are likely to regulated under the Act.” The department acknowledges that some services may be exempted by the CRTC, though there are no specifics in the bill that identify thresholds for exemptions. Even if exempted, services may still be required to register with the CRTC and provide confidential commercial data in order to obtain an exemption. Indeed, the default approach is that all services are subject to Canadian regulation, leading to a dizzying array of regulated services identified by the department.

Emphasis mine.

May 14, 2021

Recycling when it makes economic sense? Good. Recycling just because? Not good at all.

Filed under: Economics, Environment, Government — Tags: , , , , — Nicholas @ 03:00

Tim Worstall explains why a new push to mandate recycling rare earth from consumer electronic devices will be a really, really bad idea … so bad that it’ll waste more resources than are recovered by the recycling effort:

[Indium is] the thing that makes touchscreens work. Lovely stuff. Normally extracted as a byproduct of getting zinc from spharelite. Usual concentrations in the original mineral are 45 to 500 parts per million.

Now, note something important about a by product material like this. If we recycle indium we don’t in fact save any indium from spharelite. Because we mine spharelite for the zinc, the indium is just a bonus when we do. So, we recycle the indium we’re already using. We don’t process out the indium in our spharelite. We just take the same amount of zinc we always did and dump what we don’t want into the gangue, the waste.

So, note what’s happened. We recycle indium and yet we dig up exactly the same amount of indium we always did. We just don’t use what we’ve dug up – we’re not in fact saving that vital resource of indium at all.

[…]

    The number of waste fluorescent lamps arising has been declining since 2013. In 2025, it is estimated there will be 92 tonnes of CRMs in waste fluorescent lamps (Ce: 10 tonnes, Eu: 4 tonnes, La: 13 tonnes, Tb: 4 tonnes and Y: 61 tonnes).

That would be the recovery from all fluorescent lamps in Europe being recycled. In a few – there’s not that much material so therefore only a few plants are needed, meaning considerable geographic spread – plants dotted around.

That’s $50k of cerium, about $100k of europium, $65k of lanthanum, $2.8 million of terbium and $2.2 million of yttrium. To all intents and purposes this is $5 million of material. For which we must have a Europe-wide collection system?

They do realise this is insane which is why they insist that this must be made law. Can’t have people not doing stupid things now, can we?

Just to give another example – not one they mention. As some will know I used to supply rare earths to the global lighting industry. One particular type uses scandium. In a quarter milligram quantity per bulb. Meaning that even with perfect recycling you need to collect 4 million bulbs to gain a kilo of scandium – worth $800.

May 12, 2021

Critics are all conspiracy theorists says minister actively planning to regulate speech online

The Trudeau government has come a long, long way from those far-distant days when they were all about “openness” and “accountability” and especially about protecting free speech:

Last night, Canadian Heritage Minister Steven Guilbeault posted a remarkable tweet that should heighten concerns about Bill C-10, forthcoming online harms legislation, and the government’s intent with respect to free speech. In the weeks since it opened the door to treating all user generated content as a “program” subject to CRTC regulation, there has been mounting public criticism and concern about the implications for free speech. While the tech companies have remained relatively silent, Canadians have been speaking out. Those voices now include the Government of Saskatchewan, with Minister of Justice Gord Wyant writing to Guilbeault to urge the federal government to stop Bill C-10 from proceeding or amend it to ensure that “all creative Internet content generated by Canadians will be exempt from any regulatory supervision by federal government agencies.”

Given the opposition – as well as Guilbeault’s well-documented disastrous interviews on CBC and CTV – one would have thought the Minister would be seeking to assuage public concern. Instead, Guilbeault took to Twitter last night to suggest that the public anger over Bill C-10 was a matter of “public opinion being manipulated at scale through a deliberate campaign of misinformation by commercial interests that would prefer to avoid the same regulatory oversight applied to broadcast media.”

Over the past few weeks of intense Bill C-10 debate, nothing has left me angrier or more concerned than this tweet. First, the conspiracy theory amplified by Guilbeault is plainly wrong and itself quite clearly misinformation. The concerns regarding the bill have been backed by law professors, experts, Justice Ministers, former CRTC chairs, and hundreds of others. To claim this is a tech-inspired misinformation campaign lends support to the view that Guilbeault still does not understand his own bill and its implications. Moreover, not only have the tech companies remained relatively quiet, but most did not even appear before the Heritage Committee as part of its study. To suggest that having largely ignored the bill, the companies are now engaged in some grand conspiracy is lunacy.

One of the fun notions of C-10 is having some sort of popularity cut-off for regulation to kick in … the more popular your online output becomes, the closer you’ll get to having one of Justin’s CRTC apparatchiks censoring your work:

May 7, 2021

Scott Alexander reviews David Harvey’s A Brief History Of Neoliberalism

Filed under: Books, Economics, History, USA — Tags: , , , , , , — Nicholas @ 03:00

[Update: In the comments, “gunker” explains that this is another of Scott’s reader-contributed book reviews, not one of his own work. My apologies for the mistake.] After a quick rundown of the conventional explanation for the decline and fall of the comfortable post-WW2 US economy in the 1970s, Scott gives an overall appreciation of Harvey’s arguments:

… This treatment is almost the opposite of the way ABHoN describes events. Telling the story this way makes me feel like Jacques Derrida deconstructing some text to undermine the author and prove that they were arguing against themselves all along.

Harvey is an extreme conflict theorist. The story he wants to tell is the story of bad people destroying the paradise of embedded liberalism in order to line their own pockets and crush their opponents. At his best, he treats this as a thesis to be defended: embedded liberalism switched to neoliberalism not primarily because of sound economic policy, but because rich people forced the switch to “reassert class power”. At his worst, he forgets to argue the point, feeling it so deeply in his bones that it’s hard for him to believe anyone could really disagree. When he’s like this, he doesn’t analyze any of the economics too deeply; sure, rich people said something something economics, to justify their plot to immiserate the working classes, but we don’t believe them and we’re under no obligation to tease apart exactly what economic stuff they were talking about.

In these parts, ABHoN‘s modus operandi is to give a vague summary of what happened, then overload it with emotional language. Nobody in ABHoN ever cuts a budget, they savagely slash the budget, or cruelly decimate the budget, or otherwise [dramatic adverb] [dramatic verb] it. Nobody is ever against neoliberal reform — they bravely stand up to neoliberal reform, or valiantly resist neoliberal reform, or whatever. Nobody ever “makes” money, they “extract” it. So you read a superficial narrative of some historical event, with all the adverbs changed to more dramatic adverbs, and then a not-very-convincing discussion of why this was all about re-establishing plutocratic power at the end of it. This is basically an entire literary genre by now, and ABHoN fits squarely within it.

Harvey’s theses, framed uncharitably, are:

1. Embedded liberalism was great and completely sustainable. The global economic system collapsing in 1971 was probably just coincidence or something, and has no relevance to any debate about the relative merit of different economic paradigms.

2. Sure, some people say that the endless recession/stagflation/unemployment/bankruptcy/strikes of the 1970s were bad, but those people are would-be plutocrats trying to seize power and destroy the working class.

3. When cities, countries, etc, ran huge deficits and then couldn’t pay any of the money back, sometimes the banks that loaned them that money were against this. Sometimes they even asked those places to stop running huge deficits as a precondition for getting bailed out. This proves that bankers were plotting against the public and trying to form a dystopian plutocracy.

4. Since we have proven that neoliberalism is a sham with no advantages, we should switch back to embedded liberalism.

Let’s go through these one by one and see whether I’m being unfair.

May 5, 2021

Michael Geist’s overview of the federal government’s steady retreat from their 2015 election promises on protecting Canadians’ online privacy and free speech rights

Reposting his most recent Maclean’s article on his website, Michael Geist explains why the federal government’s blatant hypocrisy over Canadians’ rights online has finally gotten many people paying closer attention:

The government had maintained that it had no interest in regulating user generated content, but the policy reversal meant that millions of video, podcasts, and the other audiovisual content on those popular services would be treated as “programs” under Canadian law and subject to some of the same rules as those previously reserved for programming on conventional broadcast services.

The backlash undoubtedly caught the government by surprise, particularly since the policy change garnered little discussion at committee. As the public concern mounted, Guilbeault retreated to his standard talking points about how the opposition parties were unwilling to stand up to the web giants. The arguments fell flat, however, since the new rules were directly targeting users’ content, not the Internet companies. Further, the public reaction pointed to a government increasingly out-of-step with the public, which may support increased Internet regulation, but not at any cost.

The fact that the Liberal government was open to regulating millions of TikTok and Youtube videos was a reminder of how unrecognizable its digital policy approach has become in recent years. The party was elected in 2015 on a platform that promised to entrench net neutrality, prioritize innovation, focus on privacy rather than surveillance, and support freedom of expression. Most of those positions now seemingly reflect a by-gone era.

It is still anxious to demonstrate its tech bona fides, but now progressive policies appear to mean confronting the “web giants” with threats of regulation, penalties, and taxes. Cultural sovereignty has replaced innovation as the guiding principle, which has meant the Minister of Innovation, Science and Industry has been replaced by the Minister of Canadian Heritage as the digital policy lead.

And so for the past 18 months, Guilbeault has been handed Canada’s digital policy keys. In Guilbeault’s eyes, seemingly everything is under threat – Canadian film and television production, a safe space for speech, the future of news – and the big technology companies are invariably to blame.

Few would dispute that an updated tech regulatory model is needed, but evidence-based policies are in short supply in the current approach. For example, the use or misuse of data lies at the heart of the power of big tech, yet privacy reforms have been curiously absent as a government priority. Indeed, Bill C-11 was promoted by Prime Minister Justin Trudeau last November as legislation to give Canadians greater control over their personal information, but under newly named ISI Minister François-Philippe Champagne, it has scarcely been heard from again.

The government has similarly done little to address concerns about abuse of competition, the risks associated with algorithmic decision-making, or the development of a modernized framework for artificial intelligence. Years of emphasis on the benefits of multi-lateral policy development and consensus-building were unceremoniously discarded the recent budget in order to commit to a digital services tax in 2022 that could spark billions in tariff retaliation. In fact, the US-Canada-Mexico Trade Agreement that the government trumpeted as a major success story restricts Canada’s ability to even establish a new liability regime for technology companies.

April 30, 2021

Bill C-10, despite frequent government denials, would regulate user-generated content on the internet

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

Michael Geist continues to sound the alarm about the federal government’s bill to vastly increase CRTC control over Canadians’ access to information and entertainment options online, including the Heritage minister’s mendacity when challenged about how the CRTC’s powers will increase to censor individual Canadians in what they post to online services like YouTube:

Canadian Heritage Minister Steven Guilbeault and the Liberal government’s response to mounting concern over its decision to remove a legal safeguard designed to ensure the CRTC would not regulate user generated content has been denial. The department’s own officials told MPs that all programming on sites like Youtube would be subject to regulation, yet Guilbeault insisted to the House of Commons that user generated content would be excluded from regulation as part of Bill C-10, his Broadcasting Act reform bill.

However, based on new documents I recently obtained, it has become clear that Guilbeault and the government have misled the Canadian public with their response. In fact, the government effectively acknowledges that it is regulating user generated content in a forthcoming, still-secret amendment to Bill C-10. Amendment G-13, submitted by Liberal MP Julie Dabrusin on April 7th and likely to come before the committee studying the bill over the next week, seeks to amend Section 10(1) of the Broadcasting Act which specifies the CRTC’s regulatory powers. It states:

    (4) Regulations made under paragraph (1)(c) do not apply with respect to programs that are uploaded to an online undertaking that provides a social media service by a user of the service – if that user is not the provider of the service or the provider’s affiliate, or the agent or mandatary of either of them – for transmission over the Internet and reception by other users of the service.

The amendment is a clear acknowledgement that user generated content are programs subject to CRTC’s regulation making power. Liberal MPs may claim the bill doesn’t do this, but their colleagues are busy submitting amendments to address the reality.

But it is not just that the government knew that its changes would result in regulating user generated content. The forthcoming secret amendment only covers one of many regulations that the CRTC may impose. The specific regulation – Section 10(1)(c) of the Broadcasting Act – gives the CRTC the power to establish regulations “respecting standards of programs and the allocation of broadcasting time for the purpose of giving effect to the broadcasting policy set out in subsection 3(1).”

April 17, 2021

“Today’s Liberal government is […] the most anti-Internet government in Canadian history”

Filed under: Cancon, Government, Media, Technology — Tags: , , , , — Nicholas @ 05:00

Michael Geist gives both barrels to Justin Trudeau’s government, then reloads and fires again:

Canadian Heritage Minister Steven Guilbeault, 3 February 2020.
Screencapture from CPAC video.

As I watched Canadian Heritage Minister Steven Guilbeault yesterday close the Action Summit to Combat Online Hate, I was left with whiplash as I thought back to those early days. Today’s Liberal government is unrecognizable by comparison as it today stands the most anti-Internet government in Canadian history:

  • As it moves to create the Great Canadian Internet Firewall, net neutrality is out and mandated Internet blocking is in.
  • Freedom of expression and due process is out, quick takedowns without independent review and increased liability are in.
  • Innovation and new business models are out, CRTC regulation is in.
  • Privacy reform is out, Internet taxation is in.
  • Prioritizing consumer Internet access and affordability is out, reduced competition through mergers are in.
  • And perhaps most troublingly, consultation and transparency are out, secrecy is in.

This is not hyperbole. The Action Summit is a case in point. I was part of the planning committee and I am proud that the event produced two days of thoughtful discussion and debate, where the both the importance and complexity of addressing online hate brought a myriad of perspectives, including from the major Internet platforms. There was none of that nuance in Guilbeault’s words, who spoke the evil associated with the “web behemoths” and promised that his legislation would target content and Internet sites and services anywhere in the world provided it was accessible to Canadians. The obvious implications – much discussed in Internet circles in Ottawa – is that the government plans to introduce mandated content blocking to keep such content out of Canada as a so-called “last resort”. When combined with a copyright “consultation” launched this week that also raises Internet blocking, Guilbeault’s vision is to require Internet providers to install blocking capabilities, create new regulators and content adjudicators to issue blocking orders, dispense with net neutrality, and build a Canadian Internet firewall.

If that wasn’t enough, his forthcoming bill will also mandate content removals within 24 hours with significant penalties for failure to do so. The approach trades due process for speed, effectively reducing independent oversight and incentivizing content removal by Internet platforms. Just about everyone thinks this is a bad idea, but Guilbeault insists that “it is in the mandate letter.” In other words, consultations don’t matter, expertise doesn’t matter, the experience elsewhere doesn’t matter. Instead, a mandate letter trumps all. If this occurred under Stephen Harper’s watch, the criticism would be unrelenting.

In fact, one of the reasons that the government finds itself committed to dangerous policy is that it did not conduct a public consultation on its forthcoming online harms bill. Guilbeault was forced yesterday to admit that the public has not been consulted, which he tried to justify by claiming that it could participate in the committee review or in the development of implementation guidelines once the bill becomes law. This alone should be disqualifying as no government should introduce censorship legislation that mandates website blocking, eradicates net neutrality, harms freedom of expression, and dispenses with due process without having ever consulted Canadians on the issue.

April 3, 2021

QotD: When governments try to “help” small businesses

Filed under: Bureaucracy, Business, Government, Quotations, USA — Tags: , , — Nicholas @ 01:00

In 1961, economist Benjamin Chinitz argued that New York was more resilient than Pittsburgh because New York possessed a culture of entrepreneurship, originally inculcated by the garment industry, where anyone with a good idea and a couple of sewing machines could start a business. By contrast, gritty cities like Pittsburgh, dominated by large smokestack industries that tended to snuff out small-scale entrepreneurial activity, eventually faced a crisis when those industries grew less profitable, and the local economy struggled to adjust.

Love for small business is one of the few universals in American politics. In a 2018 Gallup poll, just 56 percent of Americans viewed capitalism positively; but 92 percent had a positive view of small business, and 86 percent viewed entrepreneurs positively. Government at all levels has policies intended to help small businesses, but there’s little evidence that these programs are effective — and even when bureaucrats try to help, they impede small-business creation by imposing new regulations. The New York City Business License and Permit index presents a daunting compendium of licenses and certifications that can be required to start a business in the city — such as the Esthetics License (needed if you want to “conduct beauty treatment”) and the Certificate of Fitness for Fire and Emergency Drill Instructor (necessary to “lead fire drills in buildings that do not require a Fire Safety Director”).

Such overregulation represents a second way that the deck gets stacked in the American economy against outsiders. The decline of American entrepreneurship is a discouraging trend of the last 30 years. In 2015, economist John Haltiwanger documented numerous signs of diminished business dynamism in the United States. In the early 1980s, he noted, America’s startup rate exceeded 13 percent, which meant that about one-eighth of all firms had just begun. The startup share fell to 10 percent near the end of the Clinton years and below 8 percent during the Great Recession. While no consensus exists about the causes of this dramatic drop, expanding business regulation is a plausible candidate.

Edward L. Glaeser, “How to Fix American Capitalism”, City Journal, 2020-12-13.

March 30, 2021

QotD: Static societies and disruptive outsiders

Filed under: Books, Britain, Economics, Government, History, Japan, Quotations, USA — Tags: , , , , — Nicholas @ 01:00

In 1981, the social scientist Mancur Olson published his magisterial The Rise and Decline of Nations: Economic Growth, Stagflation, and Social Rigidities. Olson had already won acclaim for The Logic of Collective Action, which explained why some groups received an outsize slice of the political pie. In his new book, Olson turned to the question of why nations fail. His thesis: nations lost dynamism when insiders managed to stack the rules against disruptive outsiders.

Stable societies with unchanged boundaries, Olson observed, “tend to accumulate more collusions and organizations for collective action over time.” Instead of accepting rules that encourage overall growth, these collusive organizations — trade groups and labor unions were paradigmatic examples — fight to keep what they have, slowing down “a society’s capacity to adopt new technologies and to reallocate resources in response to changing conditions,” thus reducing economic efficiency. Decline follows.

Olson pointed to Japanese stagnation under the Tokugawa shogunate, when, “before Admiral Perry’s gunboats appeared in 1854, the Japanese were virtually closed off from the international economy.” Ruling Japanese society, he writes, “were any number of powerful za, or guilds, and the shogunate or the daimyo often strengthened them by selling them monopoly rights.” The guilds “fixed prices, restricted production and controlled entry in essentially the same way as cartelistic organization elsewhere.”

A second example: Great Britain, “the major nation with the longest immunity from dictatorship, invasion and revolution” and, consequently, Olson explained, suffering “this century a lower rate of growth than other large, developed democracies.” In Olson’s view, the weak performance resulted from limits on change established by a “powerful network of special-interest organizations,” which included labor unions, industrial groups, and aristocratic cliques. By the 1970s, after the conservative government of Edward Heath fell in a losing battle with striking miners, many deemed Britain ungovernable. Olson contrasted the British situation with that of postwar Germany and Japan, where the chaos and destruction of wartime defeat wiped away established industrial and retail groups, leaving the field open to newcomers like Soichiro Honda or the Albrecht family (creators of international supermarket giant Aldi), who could work economic magic.

The word “ungovernable” was also used to describe New York in the 1960s and 1970s, when Mike Quill’s transit union ran roughshod over Mayor John Lindsay’s attempts to control public-sector wage growth. New York was a long-established city with lots of political collusion. The old Tammany Hall could broker deals to keep Gotham going, but Lindsay’s successor, Abe Beame, proved too weak to resist any special interest that wanted more spending or government favors. New York’s spending kept rising even as public services worsened, until bankruptcy loomed and public power wound up in the hands of the unelected Municipal Assistance Corporation. Thankfully, New York reformed itself economically, at least to some extent, under Mayors Rudolph Giuliani and Michael Bloomberg, as Britain did under Prime Minister Margaret Thatcher. Sufficiently strong leaders can buck entrenched insiders.

Edward L. Glaeser, “How to Fix American Capitalism”, City Journal, 2020-12-13.

February 12, 2021

Calls for the federal government’s Broadcasting bill (Bill C-10) to be withdrawn

Filed under: Cancon, Government, Media, Technology — Tags: , , , , , — Nicholas @ 05:00

Michael Geist updates the situation with the federal government’s attempt to massively rework the Canadian broadcast and internet regulation framework without proper scrutiny or transparency:

I have not been shy about expressing my concerns with the Bill C-10, the Broadcasting Act reform bill. From a 20 part series examining the legislation to two podcasts to a debate with Janet Yale, I have actively engaged on policy concerns involving regulation that extends far beyond the “web giants”, the loss of Canadian sovereignty over broadcast ownership, the threat to Canadian intellectual property, and the uncertainty of leaving many questions to the CRTC to answer. Yet beyond the substance of the bill, in recent days an even more troubling issue has emerged as Canadian Heritage Minister Steven Guilbeault, his Parliamentary Secretary Julie Dabrusin, and the Liberal government abandon longstanding commitments to full consultation, transparency, and parliamentary process.

Last week, I appeared before the Standing Committee on Canadian Heritage as part of what it is calling a “pre-study” on Bill C-10. In this case, “pre-study” is euphemism for avoiding the conventional parliamentary process. Bill C-10 has not yet passed second reading in the House of Commons and has not been referred to committee for study. There have been extensive debates in the House and last week Conservative MP Michael Kram called for the bill to be withdrawn, noting that politicians could do Canadians a lot of good by “rewriting it from scratch.” That move drew criticism from Guilbeault during an interview at the CMPA Prime Time event, as he called for pressure on the Conservatives to support referring the bill to committee. There are instances of pre-study, but doing so concurrently with second reading makes no sense since a pre-study allows for a wide range of amendments, whereas after second reading the permitted amendments are more limited.

In an earlier era (or with a different government), the prospect of conducting a study of the bill while simultaneously engaging in second reading would garner loud objections. In fact, at the Heritage Committee hearing last week, opposition MPs wondered why they were already being asked for amendments to the bill when they had yet to hear from witnesses, much less conduct an actual study of the bill. Indeed, for a government that once prized itself on robust consultation, it seemingly now wants to avoid any genuine consultation on Bill C-10, content to have potential amendments presented through lobbyists, rather than on the public record in open hearings.

The secrecy does not end there. At the same hearing (I was a witness and waited patiently for these issues to play out), Conservative MPs raised questions about promised data on how the government had arrived at claims that the bill will generate over $800 million in new money. Leaving aside the fact that Guilbeault has often inflated that figure to over $1 billion, there has no public disclosure about the source of this claim. Cartt.ca reports that officials told the committee that the calculations could be “confusing” without a verbal explanation. Days later, Dabrusin told the committee that in fact the data had been provided to the committee late last year but perhaps not distributed to committee members.

When I was questioned by Conservative MP Kevin Waugh during my appearance before the committee, he again raised concerns about the claim. Dabrusin interjected with a point of order to make it clear that the data had been provided to the committee, albeit not distributed to MPs. What made the exchange so striking was that Dabrusin – a parliamentary secretary – seemingly did not give any thought to the fact that the data has not been made publicly available. Promoting long overdue disclosures to a handful of MPs while the public is kept in the dark is hardly the stuff worthy of praise or a point of order.

QotD: Repartee

Filed under: France, Humour — Tags: , , , — Nicholas @ 01:00

Clever banter can only be called “repartee” if it’s from the Repartée region of France. Otherwise it’s just sparkling wit.

Daniel Hannan, Twitter, 2020-11-06.

February 6, 2021

“WebMD is the Internet’s most important source of medical information. It’s also surprisingly useless”

Filed under: Bureaucracy, Health, Technology, USA — Tags: , , , , — Nicholas @ 05:00

Scott Alexander discusses why WebMD is not the be-all and end-all of internet medical resources:

WebMD is the Internet’s most important source of medical information. It’s also surprisingly useless. Its most famous problem is that whatever your symptoms, it’ll tell you that you have cancer. But the closer you look, the more problems you notice. Consider drug side effects. Here’s WebMD’s list of side effects for a certain drug, let’s call it Drug 1:

    Upset stomach and heartburn may occur. If either of these effects persist or worsen, tell your doctor or pharmacist promptly. If your doctor has directed you to use this medication, remember that he or she has judged that the benefit to you is greater than the risk of side effects. Many people using this medication do not have serious side effects. Tell your doctor right away if you have any serious side effects, including: easy bruising/bleeding, difficulty hearing, ringing in the ears, signs of kidney problems (such as change in the amount of urine), persistent or severe nausea/vomiting, unexplained tiredness, dizziness, dark urine, yellowing eyes/skin. This drug may rarely cause serious bleeding from the stomach/intestine or other areas of the body. If you notice any of the following very serious side effects, get medical help right away: black/tarry stools, persistent or severe stomach/abdominal pain, vomit that looks like coffee grounds, trouble speaking, weakness on one side of the body, sudden vision changes or severe headache.

And here’s their list of side effects for let’s call it Drug 2:

    Nausea, loss of appetite, or stomach/abdominal pain may occur. If any of these effects persist or worsen, tell your doctor or pharmacist promptly. Remember that your doctor has prescribed this medication because he or she has judged that the benefit to you is greater than the risk of side effects. Many people using this medication do not have serious side effects. This medication can cause serious bleeding if it affects your blood clotting proteins too much. Even if your doctor stops your medication, this risk of bleeding can continue for up to a week. Tell your doctor right away if you have any signs of serious bleeding, including: unusual pain/swelling/discomfort, unusual/easy bruising, prolonged bleeding from cuts or gums, persistent/frequent nosebleeds, unusually heavy/prolonged menstrual flow, pink/dark urine, coughing up blood, vomit that is bloody or looks like coffee grounds, severe headache, dizziness/fainting, unusual or persistent tiredness/weakness, bloody/black/tarry stools, chest pain, shortness of breath, difficulty swallowing.

Drug 1 is aspirin. Drug 2 is warfarin, which causes 40,000 ER visits a year and is widely considered one of the most dangerous drugs in common use. I challenge anyone to figure out, using WebMD’s side effects list alone, that warfarin is more dangerous than aspirin. I think this is because if WebMD said “aspirin is pretty safe and most people don’t need to worry about it”, people might use aspirin irresponsibly, die, and then their ghosts might sue WebMD. Or if WebMD said “warfarin can be dangerous, be careful with this one”, people might refuse to take warfarin because “the Internet said it was dangerous”, die of the stuff warfarin is supposed to treat, and then their ghosts might sue WebMD. WebMD solves this by never giving the tiniest shred of useful information to anybody.

This is actually a widespread problem in medicine. The worst offender is the FDA, which tends to list every problem anyone had while on a drug as a potential drug side effect, even if it obviously isn’t. This got some press lately when Moderna had to disclose to the FDA that one of the coronavirus vaccine patients got struck by lightning; after a review, this was declared probably unrelated. For the more serious version of this, read Get Ready For False Side Effects. Why does the FDA keep doing this if they know it makes their label information useless? My guess is it’s because they don’t want to look like cowboys who unprincipledly consider some things but not other things. What if someone accused the person deciding what things to consider of being biased? So the FDA comes up with a Procedure, and once you have a Procedure it has to be “take everything seriously”, and then it falls on random small-fry people who aren’t the FDA to pick up the slack and explain which side effects are worth worrying about or not, and then those small fries don’t do that, because they could get sued.

I think the same concern motivates WebMD diagnosing everything as cancer. If they said something other than cancer, then people might sigh with relief, not bother to get a cancer screening, die from some weird cancer that doesn’t present the way normal cancers do, and then their ghosts might sue WebMD.

Of course, WebMD and other online medical information sites didn’t invent hypochondria, they merely made it easier to do to yourself what Jerome K. Jerome did one fine London morning in 1888:

I remember going to the British Museum one day to read up the treatment for some slight ailment of which I had a touch — hay fever, I fancy it was. I got down the book, and read all I came to read; and then, in an unthinking moment, I idly turned the leaves, and began to indolently study diseases, generally. I forget which was the first distemper I plunged into — some fearful, devastating scourge, I know — and, before I had glanced half down the list of “premonitory symptoms,” it was borne in upon me that I had fairly got it.

I sat for awhile, frozen with horror; and then, in the listlessness of despair, I again turned over the pages. I came to typhoid fever — read the symptoms — discovered that I had typhoid fever, must have had it for months without knowing it — wondered what else I had got; turned up St. Vitus’s Dance — found, as I expected, that I had that too, — began to get interested in my case, and determined to sift it to the bottom, and so started alphabetically — read up ague, and learnt that I was sickening for it, and that the acute stage would commence in about another fortnight. Bright’s disease, I was relieved to find, I had only in a modified form, and, so far as that was concerned, I might live for years. Cholera I had, with severe complications; and diphtheria I seemed to have been born with. I plodded conscientiously through the twenty-six letters, and the only malady I could conclude I had not got was housemaid’s knee. […] I had walked into that reading-room a happy, healthy man. I crawled out a decrepit wreck.

February 1, 2021

In the wake of l’affaire GameStop, frantic regulators call for more power to intervene in the market

“Regulatory capture” is the term for situations where the regulators and the regulated begin to get too close and the regulated industries or organizations begin to indirectly control the actions of the regulator for their own benefit. A topical example would be the sudden, agonized cries of politicians and market regulators for new powers to clamp down on disruptive players like the Redditors or other small investors who triggered the rise in GameStop share prices causing potentially ruinous financial losses for regulated hedge funds.

“GameStop” by JeepersMedia is licensed under CC BY 2.0

Although the story has garnered the attention of regulators and even the White House, the wrong takeaway is to suggest options for retail investors should be restricted more than they already are. Yet this is precisely what William Gavin, Secretary of the Commonwealth of Massachusetts, has called for. Gavin argued that there should be a 30-day trading suspension on GameStop to protect “small and unsophisticated investors.”

Gavin’s suggestion would have serious extended consequences. First, consider the knowledge problem that is involved in constructing such a restrictive regulation. When exactly would a rally become unacceptable? Despite years of decline, Kodak experienced a rally after its announcement that it would move into pharmaceuticals. Would this be permissible? If so, one could simply point to GameStop’s decision to appoint three new directors in an effort to turn the company around. If this is not enough, regulators must clearly state what identified the investments as unacceptable.

It is unclear if there is a perfect benchmark to distinguish rallies. But without such a measure, the suspension proposal would put every rally at risk of wrongful closure — potentially halting the growth of companies and industries, alike. Worse yet, the fear of missing out on a rising stock may push some investors to rush in with less information than they would otherwise acquire. Even if it is in a traditional rally, an uninformed decision could cause more harm than good.

Yet suppose the knowledge problem is solved and there is a perfect measure in place. Should other protections be put in place? One could make the case for a law against allowing “unsophisticated” gamblers from going to Las Vegas and losing money. And although this may seem like a leap, Gavin himself told Reuters, “This isn’t investing, this is gambling,” when he spoke of the GameStop rally.

The rally has attracted the world’s attention, but it does not require it. Rallies are a normal part of financial market activity. The only difference here is that it was Main Street that pulled one over on Wall Street.

January 28, 2021

The economic impact of a US national minimum wage of $15 per hour

Filed under: Business, Economics, Government, USA — Tags: , , , — Nicholas @ 03:00

I missed this post by Warren Meyer last week, but it’s still very topical:

I have talked a lot about the negative effects of higher minimum wages on low-skill workers. Two good example background posts are here and here. I covered how a broad range of labor regulation hurts unskilled workers in a cover story for Regulation magazine a few years back. Unfortunately, in a country where the average American buys about $1000 in lottery tickets each year, the willingness to believe we can get something for nothing is strong.

But I want to talk specifically about a Federal minimum wage increase, where one other problem emerges. The best way to state this is — how can one possibly set the same minimum wage for San Francisco at the same rate as one does for rural Mississippi? Here is one source for comparative state cost of living. Doing this by county would make the curve even wider.

Cost of living in Hawaii is more than 2x that of Mississippi. CA and NY are not far behind. A minimum wage that might comfortably be accommodated in San Francisco (and note even there the rise to $15 was ending service jobs in that city long before COVID), would be an economic disaster for rural Alabama. I don’t tend to think primarily along racial lines as seems to be the case on the Left today, but basically this is a policy driven by rich white tech guys in San Francisco that is going to devastate the employment prospects of rural blacks.

Whatever one’s misgivings about minimum wages, it is certainly true that allowing states to take the lead on setting minimum wages (counties would make even more sense) makes a lot more sense that trying to take action at the national level. Even with state action there are disparities.

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