Quotulatiousness

February 27, 2012

Goodbye and good riddance to the architect of “Canadian Content” media rules

Filed under: Cancon, Media — Tags: , , , , — Nicholas @ 10:28

Marni Soupcoff on the lasting legacy of former CRTC head Pierre Juneau, the mandatory “CanCon” ratio for TV and radio:

Former CBC and CRTC president Pierre Juneau died last week at the age of 89, and the requisite obituaries followed. Almost all of them congratulated Mr. Juneau on his most well-known achievement: having mandated minimum standards for Canadian content on radio and television. It is an unfortunate legacy.

The troubles with CanCon requirements are both moral and practical: It is not simply wrong to try to forcibly engineer a population’s taste in music in television. It is also impossible. People like what they like, and if what they like is Canadian, they will watch and listen to it even absent rules dictating that they must. If what they like isn’t Canadian, rules saturating the airwaves with all the Loverboy ditties in the world won’t make them tune in.

So even if you aren’t bothered by CanCon rules’ violation of freedom of expression, you should at least ask yourself how effective the regulations can possibly be — especially today. More and more people are selecting their music and television shows on their own, now, picking an episode from iTunes here, a free song download from a band’s webpage there. The idea that the nation’s culture can be shaped by mandating the nationality of prime-time content on TV networks and radio stations is as antiquated as it was flawed to start with. And we’re wasting money and time by continuing to force media outlets to comply.

And yes, my Cancon blog category is a backhand at the longstanding regulation.

February 25, 2012

Reason.tv: Banning drugs, banning same-sex marriage, and banning fun

Filed under: Government, Liberty, USA — Tags: , , , — Nicholas @ 00:04

February 23, 2012

Reason.tv: Months later, still no charges in the Gibson Guitar raid

Filed under: Bureaucracy, Government, Law, USA, Woodworking — Tags: , , , , — Nicholas @ 13:36

Earlier posts on the Gibson raid here, here, here, and here.

February 17, 2012

America’s galloping regulation state

Filed under: Bureaucracy, Economics, Government, USA — Tags: , , — Nicholas @ 09:55

You know you’re becoming a regulation-for-the-sake-of-regulation state when even The Economist — whose current staff have never met an EU regulation they didn’t love to pieces — can correctly poke fun at you for your obsessive over-regulation of everything:

Americans love to laugh at ridiculous regulations. A Florida law requires vending-machine labels to urge the public to file a report if the label is not there. The Federal Railroad Administration insists that all trains must be painted with an “F” at the front, so you can tell which end is which. Bureaucratic busybodies in Bethesda, Maryland, have shut down children’s lemonade stands because the enterprising young moppets did not have trading licences. The list goes hilariously on.

But red tape in America is no laughing matter. The problem is not the rules that are self-evidently absurd. It is the ones that sound reasonable on their own but impose a huge burden collectively. America is meant to be the home of laissez-faire. Unlike Europeans, whose lives have long been circumscribed by meddling governments and diktats from Brussels, Americans are supposed to be free to choose, for better or for worse. Yet for some time America has been straying from this ideal.

[. . .]

Two forces make American laws too complex. One is hubris. Many lawmakers seem to believe that they can lay down rules to govern every eventuality. Examples range from the merely annoying (eg, a proposed code for nurseries in Colorado that specifies how many crayons each box must contain) to the delusional (eg, the conceit of Dodd-Frank that you can anticipate and ban every nasty trick financiers will dream up in the future). Far from preventing abuses, complexity creates loopholes that the shrewd can abuse with impunity.

The other force that makes American laws complex is lobbying. The government’s drive to micromanage so many activities creates a huge incentive for interest groups to push for special favours. When a bill is hundreds of pages long, it is not hard for congressmen to slip in clauses that benefit their chums and campaign donors. The health-care bill included tons of favours for the pushy. Congress’s last, failed attempt to regulate greenhouse gases was even worse.

February 4, 2012

The true slippery slope in the Ian Thomson case

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 11:24

Rex Murphy gets to the bottom of the crown’s odd fixation on prosecuting Ian Thomson for successfully scaring off arsonists who attempted to burn his house down around him:

Mr. Thomson is alive, his house stands, but the Crown is still busy with him. Why is this man being punished for self-defence? Why are the Crown prosecutors making his already tormented life more miserable?

I can only suggest it is because in this, as in similar cases, our caring authorities are uncomfortable with the idea of a citizenry that retains some common sense and courage when it comes to self-protection or the protection of their property. Why, here in Toronto two years ago, a Chinese-Canadian merchant was himself charged with nothing less than “kidnapping” when he, with some help, captured a chronic shoplifter and thief. The “kidnapping” amounted to holding the wretch that was robbing him till the police arrived. They charged the storekeeper after making a deal with the thief. If this is not dread of a resourceful citizenry, then what is it?

Here’s another theory: Perhaps we have subscribed to the Thomas de Quincey school of criminology. De Quincy, as every schoolboy knows, was the great 19th-century author and essayist, the creator of the classic Confessions of an English Opium-Eater. He also penned two satirical, fearsomely prescient essays, beginning in 1827, on Murder Considered as one of the Fine Arts. In the second of these, he outlined an interesting perspective on how dabbling in one form of crime can gradually, almost imperceptibly, lead to other, more horrific, desperate and truly despicable matters:

“For if once a man indulges himself in murder, very soon he comes to think little of robbing; and from robbing he comes next to drinking and Sabbath-breaking, and from that to incivility and procrastination … Many a man has dated his ruin from some murder or other that perhaps he thought little of at the time.” Very wise words indeed.

February 3, 2012

Reason.tv: A non-hagiographic analysis of FDR, the New Deal, and the expansion of federal power

Filed under: Economics, History, USA, WW2 — Tags: , , , , — Nicholas @ 14:16

February 2, 2012

In Arizona “any time two or more people work together to influence a vote … they instantly become a ‘political committee'”

Filed under: Bureaucracy, Law, Liberty, Politics, USA — Tags: , , , — Nicholas @ 13:08

What’s all this about “free speech” if you are legally encumbered with ridiculous regulations even before you speak?

Dina Galassini does not seem to pose a threat to Arizona’s civic integrity. But the government of the desert community of Fountain Hills believes you cannot be too careful. And state law empowers local governments to be vigilant against the lurking danger that political speech might occur before the speakers notify the government and comply with all the speech rules.

Last October, Galassini became annoyed — like many Ron Paul supporters, she is easily annoyed by government — about the city’s plan to augment its spending with a $29.6 million bond issue, to be voted on by mail by Nov. 8. On Oct. 6, she sent emails to 23 friends and acquaintances, urging them to write letters to newspapers and join her in two demonstrations against the bond measure. On Oct. 12, before she could organize the demonstrations, she received a stern letter from the town clerk: “I would strongly encourage you to cease any campaign-related activities until the requirements of the law have been met.”

State law — this is the state of John McCain, apostle of political purification through the regulation of political speech — says that any time two or more people work together to influence a vote on a ballot measure, they instantly become a “political committee.” This transformation triggers various requirements — registering with the government, filing forms, establishing a bank account for the “committee” even if it has raised no money and does not intend to. This must be done before members of this fictitious “committee” may speak.

Is Sino-Forest a typical Chinese company?

Filed under: China, Economics, Government, Law — Tags: , , , — Nicholas @ 09:52

Colby Cosh posted an initial article on the investigation into Sino-Forest’s business back in June:

Timber company Sino-Forest is locked in a fascinating battle for survival against Carson Block, a stock analyst with a mixed record of publicity attacks on Chinese-based enterprises. With professional analysts reluctant to say what they make of Block’s “strong sell” report on Sino-Forest, I’m in no position to endorse it as a piece of financial advice or investigative journalism. Considered strictly as entertainment, however, the report is remarkable.

Block has documented that Sino-Forest operates with extraordinary opacity for a company whose holdings are surely very widely distributed — particularly, one assumes, within Canada. Sino-Forest claims to be doing hundreds of millions of dollars’ worth of sales through mostly unidentified “authorized intermediaries” in China — traders who are apparently happy to let the company buy title to trees, hold them as they appreciate, take on the bulk of the costs and risks in the meantime, and then snap up revenues when the trees are eventually converted into wood products. Block, having poked around a bit in the literal Chinese backwoods, questions whether much if any of the reported underlying activity is happening.

[. . .]

Sino-Forest is refusing, despite intense pressure, to make a full disclosure of the identities of the “authorized intermediaries” who are making its money. The company claims that to do so would put it at a competitive disadvantage, which makes one wonder why its business model ought to depend so heavily on sheer obscurity. One possible answer is that Sino-Forest’s real, fundamental business is some sort of cryptic regulatory arbitrage; that seems like a game potentially worth playing with paper assets in places that have a strong rule of law, but it is surely a dangerous one in a nominally Communist country, where a nationalization could be arranged in the space of an afternoon. (Or where some regional Party functionary could simply be bribed to “lose” crucial paperwork.)

Today, he posted a follow-up report:

Could a curious investor look at actual maps of timber controlled by Sino-Forest agents, you ask? Well, you see, it’s not exactly kosher for foreigners to carry around maps of remote parts of China. You can borrow them from forestry officials if you really need to. Will the local forestry bureaus confirm Sino-Forest’s claims about plantations operated by its agents? Well, sometimes they’ll give you a certificate of sorts, for all the good it might do. “The confirmations are not title documents, in the Western sense of that term,” the committee report notes. (As I understand it, the Western meaning of “title document” is that it gives one an unquestioned, justiciable claim to ownership of something, whether the Party or the Army or the good Lord in heaven approve or not.)

[. . .]

The impression given is that you need influential “backers” to do business in China. The question for the Western investor, though it’s probably now moot, is whether the real role of these backers is to help exploit Chinese resources for the benefit of the Western shareholders or to help fleece Western shareholders for the benefit of Chinese suppliers and bureaucrats.

As Jon, my former virtual landlord puts it, this is a hobby horse I like to ride now and again.

January 26, 2012

What is really meant by the term “market failure”

Filed under: Economics, Media, Politics — Tags: , , , , , — Nicholas @ 11:10

Posting on the Institute of Economic Affairs blog, Tom Papworth tries to clarify what the term “market failure” actually means, in comparison to how it’s commonly used by politicians and journalists:

Firstly, it seems to blur the distinction between ‘the market’ and ‘the markets’ — a very common error in current discourse. The market is an economic concept that describes the myriad of choices and exchanges that take place between people every day; the markets are the very real institutions created for handling major financial transactions. It is not clear to me that this article acknowledges that distinction. This manifests itself primarily in the title and main theme: indeed, as Jan (and at least one commentator) does tacitly acknowledge, the financial markets are so shaped by government intervention that it would be a surprise if they did correspond to a model market.

And that brings me to the second problem: the suggestion that markets don’t fail when they ‘respond rationally, quickly and often brutally to conditions as they find them’. While that description is true, it has little bearing on the concept of market failure. Market failure typically refers to situations where the effects one would expect to see in a theoretical market economy do not in fact manifest themselves in real life. As the great man himself would be — and perhaps was — the first to point out (though without using these terms) markets fail because of factors such as monopoly and externality — monopolies undermine competition and so markets do not clear; externalities enable costs to be passed onto third parties and prevent all beneficiaries contributing to the production of goods. Information asymmetry is often presented as another source of market failure.

Now, to be fair to Jan, that precision of language is hardly prevalent among the politicians he is criticising. When they speak of market failure, it seems almost as though market success is defined by a number of uneconomic measures such as social justice, or even (that ultimate weasel-word) fairness.

Ireland’s septic protest

Filed under: Bureaucracy, Environment, Europe, Government — Tags: , , , , , — Nicholas @ 10:52

Elizabeth sent me a link to this Independent.ie article which allowed Lise Hand to dig deep into the Irish septic tank issue while managing not to get too potty-mouthed:

These doughty lads of the West weren’t messing about with a bit of chanting and poster-waving in the manner of an, ahem, bog-standard protest outside Leinster House. Not a bit of it, having driven since dawn in buses up from the corners of Galway, the attitude was, when we’re out, we’re out.

And so the Charge of the Septic Tank Brigade to the gates of Leinster was a colourful affair. They had brought a toilet with them and all, as a pertinent prop to illustrate their admanatine opposition to the introduction of a €50 septic-tank registration charge — a charge which affects rural Ireland, as it’s being imposed on almost half a million households who are not part of a public-sewage scheme.

What’s more, if any tanks fail an inspection, householders will be obliged to upgrade or replace them, which could cost thousands of euro.

And so, the several hundred men (and a few women) from the West were in fighting form on Kildare Street yesterday afternoon. And along with the toilet — which proved a handy seat for the protest’s organiser, Padraig ‘An Tailliura’ O’Conghaola from Rossaveal who was minding the megaphone and trying to keep a bit of order on proceedings.

There was an impressive array of giant paintings on black banners, tastefully depicting images such as sunsets and sailboats and a puzzled-looking lassie sitting on a toilet.

And there was quite a smorgasbord of slogans being waved about: from Winston Churchill’s observation, “We contend that for a nation to tax itself into prosperity is like a man standing in a bucket trying to lift himself up by the handle”; to more earthy exhortations, such as: “Septic Tank Charges are A Pain in the Hole”; and the bi-lingual “‘Cac’ Hogan RIP — Ireland’s Saddam Hussein”; to the pithy enjoinder, “Get A Grip — Stand Up to Europe”.

January 9, 2012

Calling it “austerity” doesn’t make it so

Filed under: Economics, Government, Media, USA — Tags: , , , , , — Nicholas @ 10:11

Nick Gillespie provides a reality check on some particularly imaginative use of “austerity” in describing the end of the Bush administration and the start of the Obama administration:

In constant 2010 dollars, the federal government spent about $2.3 trillion in 2001. By 2010, the total was around $3.6 trillion. And though the federal government has not passed (and will not pass) a budget for a third straight year, the two plans currently on the table envision spending either $4.7 trillion or $5.7 trillion in 2021. The lowball figure comes from the budget that passed the GOP-controlled House last spring. The higher number comes from President Obama’s budget proposal.

If austerity is the new black, the news has yet to reach the people who actually wield power in the capital. And if the Washington elite aren’t serious about cutting spending, they sure aren’t hell-bent on cutting red tape and regulations either.

For self-evident reasons, George W. Bush and the Republicans soft-pedaled the fact that, over the course of his presidency, he hired 90,000 net new regulators, signed the Sarbanes-Oxley bill that radically complicated corporate accounting practices, passed a record number of “economically significant” regulations costing the economy $100 million or more and, says economist Veronique de Rugy, spent more money issuing and enforcing federal regulations than any previous chief executive.

Obama is continuing the trend by increasing employment at regulatory agencies by more than 13 percent and issuing 75 major rules in his first two years.

All this happened during what Frank calls “the golden years of libertarianism.” So I have problems understanding what he is talking about when he issues dicta such as “free-market theory has proven itself to be a philosophy of ruination and fraud.”

December 17, 2011

We are “at the mercy of underachieving Congressional know-nothings that have more in common with the slacker students sitting in the back of math class than elected representatives”

Filed under: Government, Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 10:52

A great post on the folks who are currently debating — if so many declarations of ignorance can be called “debating” — hacking away at the very basis of the internet we’ve come to love:

Some background: Since its introduction, SOPA and its Senate twin PROTECT-IP have been staunchly condemned by countless engineers, technologists and lawyers intimately familiar with the inner functioning of the internet. Completely beside the fact that these bills as they currently stand would stifle free speech and potentially cripple legitimate businesses by giving corporations extrajudicial censorial powers, they have found an even more insidious threat: The method of DNS filtering proposed to block supposed infringing sites opens up enormous security holes that threaten the stability of the internet itself.

The only problem: Key members of the House Judiciary Committee still don’t understand how the internet works, and worse yet, it’s not clear whether they even want to.

It’s of course perfectly standard for members of Congress to not be exceptionally proficient in technological matters. But for some committee members, the issue did not stop at mere ignorance. Rather, it seemed there was in many cases an outright refusal to understand what is undoubtedly a complex issue dealing with highly-sensitive technologies.

When the security issue was brought up, Rep. Mel Watt of North Carolina seemed particularly comfortable about his own lack of understanding. Grinningly admitting “I’m not a nerd” before the committee, he nevertheless went on to dismiss without facts or justification the very evidence he didn’t understand and then downplay the need for a panel of experts. Rep. Maxine Waters of California followed up by saying that any discussion of security concerns is “wasting time” and that the bill should move forward without question, busted internets be damned.

The traditional lightbulb may be safe for a bit longer

Filed under: Bureaucracy, Law, Liberty, Technology — Tags: , , , — Nicholas @ 10:29

From the Washington Times:

Congressional negotiators struck a deal Thursday that overturns the new rules that were to have banned sales of traditional incandescent light bulbs beginning next year.

That agreement is tucked inside the massive 1,200-page spending bill that funds the government through the rest of this fiscal year, and which both houses of Congress will vote on Friday. Mr. Obama is expected to sign the bill, which heads off a looming government shutdown.

Congressional Republicans dropped almost all of the policy restrictions they tried to attach to the bill, but won inclusion of the light bulb provision, which prevents the Obama administration from carrying through a 2007 law that would have set energy efficiency standards that effectively made the traditional light bulb obsolete.

H/T to Virginia Postrel for the link.

December 7, 2011

Harsanyi: Obama is “the mighty slayer of infinite straw men”

While the GOP hopefuls are busy avoiding confrontation with Barack Obama, David Harsanyi is under no such restriction:

In Teddy Roosevelt’s era, President Barack Obama explained to the nation this week, “some people thought massive inequality and exploitation was just the price of progress. … But Roosevelt also knew that the free market has never been a free license to take whatever you want from whoever you can.”

And he’s right. Even today there are people who believe they should have free license to take whatever they want from whomever they can. They’re called Democrats.

Yet the president, uniter of a fractured nation, the mighty slayer of infinite straw men, claims that some Americans “rightly” suppose that the economy is rigged against their best interests in a nation awash in breathtaking greed, massive inequality and exploitation. Or I should say, he’s trying to convince us that it’s the case.

The middle-class struggle to find a decent life is the “defining issue of our time,” the president went on. And nothing says middle-class triumph like more regulation, unionism, cronyism and endless spending. Hey, Dwight Eisenhower (a Republican!) built the interstate highway system, for goodness’ sake. Ergo, we must support a bailout package for public-sector unions — you know, for the middle class.

Update: Monty goes a few steps further to criticize Obama:

It often strikes me how much Barack Obama looks, talks, behaves, and (apparently) believes like a character out of an Ayn Rand novel. Rand always wrote of statist Socialists more as caricatures than characters, but Barack Obama could have stepped whole and breathing right out of the pages of Atlas Shrugged. Which shows you the shallowness and unthinking obeisance to leftist cant the man displays — there is precious little subtlety to Barack Obama. You sometimes find hidden depths even in your ideological enemies, surprising pockets of common ground. But in Barack Obama, there is only a hollow vessel filled up with the thoughts and opinions of leftists he has associated with in his life. He speaks (and apparently thinks) only in platitudes, bromides, and cliches. Barack Obama is, in short, the end product of the grand “progressive” experiment since the early 1900’s. Ecce homo!

November 21, 2011

Michael Geist on the CRTC’s usage-based billing decision

Filed under: Cancon, Economics, Technology — Tags: , , , — Nicholas @ 12:56

It’s not quite what it seems like:

My weekly technology law column [. . .] notes the resulting decision seemed to cause considerable confusion as some headlines trumpeted a “Canadian compromise,” while others insisted that the CRTC had renewed support for UBB. Those headlines were wrong. The decision does not support UBB at the wholesale level (the retail market is another story) and the CRTC did not strike a compromise. Rather, it sided with the independent Internet providers by developing the framework the independents had long claimed was absent — one based on the freedom to compete.

For many years, Canada has maintained policies theoretically designed to foster an independent ISP market. Those policies required the large Internet providers such as Bell and Rogers to make part of their network available to independent competitors. Since the large providers were not supportive of increased competition, the CRTC established mandatory rules on access, pricing, and speed matching.

Yet despite years of tinkering with the rules, the independents only garnered a tiny percentage of the marketplace (approximately six percent). The UBB issue illustrates why the independent providers have struggled since the original proposal would have allowed Bell to charge independent ISPs based on the amount of data used.

While that sounds reasonable, the cost of running a network has little to do with the amount of data consumed. Rather, it is linked to the capacity of the network — the fatter the pipe, the greater the cost, irrespective of how much data is actually consumed.

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