We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

An imaginary emergency

As the rest of the world becomes more skeptical about mass surveillance, there is one country where it is seldom ever mentioned, except to babble about the need for more of it. The country that the romantic conservative Daniel Hannan says “invented freedom“: Britain.

The latest symptom of the “polite and commercial people” of Britain’s complacent unconcern with freedom and privacy is emergency legislation to be passed through all parliamentary stages early next week, the Data Retention and Investigatory Powers Bill or Act, as we shall have to call it almost immediately. There is little doubt this will happen. All three major parties are agreed they will drive it through.

The “emergency” is a confection. It is ostensibly because of a legal challenge to regulations under an EU directive which was invalidated by the European Court of Justice – which took place in April. So obviously it has to be dealt with by hurried legislation to be passed without scrutiny and not even adumbrated in public till Wednesday. This is the order of events:

  • 8th April – ECJ declares Data Retention Directive 2006/24/EC invalid – in theory telcos and ISPs no longer required to gather certain data
  • …wait for it…
  • 7th July – Rumours surface in the press that “something will be done”
  • 9th July – The Sun in the afternoon carries a “security beat privacy” piece boosting the scheme as the only way to beat terrorists and paedophiles.
  • 10th July,  8am – Emergency cabinet meeting briefs senior ministers.
  • 10th July,  11.18am – Bill becomes available on gov.uk website (still not available via parliament), Home Secretary makes statement in parliament.
  • 11th July (Friday), 4pm – Draft regulations to be made under the Bill as soon as it is enacted made available.
  • 15th July (Tuesday) – All House of Commons Stages of the Bill (normally about 4 months).

The pretext, reinstating these regulations (which the Home Office has claimed are still subsisting in the UK anyway) is hard to accept as “vital”. Other countries manage fine without them, and they only existed at all because of some bullying by the UK of other EU states after the 7th July 2005 bombings. I covered this background in an article for City AM written on Thursday. But since then we have had a chance to read what is proposed.

Reinstating the regulations – or anchoring them against legal challenge, since they are still operating – would be simple. The new Bill need only say that parliament enacts the content of the regulations as primary Act of the UK parliament. I wouldn’t be pleased. But it would be doing what was required by the ostensible emergency. That however is not what is happening. The new Bill would broaden the regulations and the scope of the Regulation of Investigatory Powers Act under which most state snooping in Britain is conducted and give the Home Secretary powers radically to expand the data required, by further regulations. It is a move in the direction of the supercharged surveillance regime set out in the Communications Data Bill, which was dropped as too controversial ante-Snowden. The clearest detailed analysis is by David Allen Green in the FT, he says:

The removals of civil liberties, and the encroachments of the state, are rarely sudden and dramatic. It is often a subtle change of legal form here, and the deft widening of legal definitions there. And before one knows it, the overall legal regime has changed to the advantage of officials and the otherwise powerful, and all we have done is nod-along as it happens.

I fear it is worse than that. Politicians and press have been so comprehensively suckered that some who would normally stand up for civil liberties are burbling about how “it offers [the] chance to bring rise of surveillance state under democratic control”. DRIP.

The Liberal Democrat politicians who have been most reliable n this topic all appear to have been bought off with a sunset clause and the ludicrous promise of “a review”, even though they have now had several years of experience of arrant avoidance of their questions by the intelligence services. DRIP

Even this cannot persuade them that the security state (sometimes called the “deep state”, though that flatters its dysfunctional smugness) is mocking them. DRIP.

Our permanent establishment in Whitehall treats ministers with condescension, and mere parliamentarians with the same contempt it reserves for ordinary citizens. But those in public life need to believe the state is their honest servant. DRIPS!

I wonder if all L’Oréal models are required to be vegetarians?

I wonder if all L’Oréal models are required to be vegetarians? Or are is the company actually ok with meat eating models just as long as someone else kill the animals for them? Just curious.

By the way, gazelles make for interesting biltong.

Samizdata quote of the day

Whereas a conservative writer might warn that humans are just as likely, if not more likely, to bungle things when applying past experience to new plans for society as when trying to fix their own private lives – and an optimistic libertarian writer might note that people are far more rational in planning their own lives than in planning others’ – left-liberals have a tendency to think that humans’ ability to plan collectively is inversely proportional to their ability to plan their lives as individuals.

Todd Seavey

H/t Quotulatiousness

Airport security kabuki theatre

Even if checking every passenger exhaustively was the right way to thwart terror, why would any serious government issue a press release about it, informing the terrorists that you were on their case and keeping them up to speed on the things you’re looking for? They didn’t do that with Bletchley Park and the Enigma codes. Leaving aside the possibility that our leaders are just plain dim, we must assume their statements are a clever decoy. In that case, everything that we must endure at Stansted and Heathrow is pure ‘security theatre’. This would not be unusual. Much of what passes for ‘security’ and its kissing cousin ‘safety’ is little more than an elaborate show.

Michael Hanlon. He has a book out with a co-author about safety issues, which looks interesting.

I support the Public Sector going on strike

I support the Public Sector in the UK going on strike… in fact I hope they all stay out on strike for a really, really, really long time.

Samizdata quote(s) of the day

There are some libertarians who believe there may be something to AGW, and see using markets the way to mitigate the consequences. There are also libertarians (and conservatives and lefties) who think AGW is a preposterous fraud, and who naturally have no interest in finding solutions to a non-existent problem. But AGW per se is not a ‘libertarians vs. non-libertarians’ issue. You can still be a libertarian and think there is something to AGW, you are just going to see the ways of dealing with it very differently to command-and-control statists.

– Perry de Havilland

Bonus SQOTD, also from the same raucous beer and grappa fuelled discussion the other night…

Let me answer by rephrasing your question: “Do I trust a bunch of lay observers more than I trust a bunch of academics… academics whose professional acceptance and funding will be put at risk if they commit heresy against the True Faith and suggest AGW might not in fact be the indisputable truth?”

The establishment media did not get the memo

It is amazing the establishment is still peddling the whole nonsensical ‘climate change’ fraud. I guess they did not get the memo that people outside the BBC/Guardian bubble have noticed that the Emperor has no clothes.

My only surprise is that anyone is surprised…

Perhaps it is a measure of my cynicism but this does not surprise me in the slightest. Indeed my only surprise is that anyone is surprised:

Anyone with any sense who was in trouble would come to the whips and tell them the truth, and say now, “I’m in a jam, can you help?” It might be debt, it might be a scandal involving small boys, or any kind of scandal which a member seemed likely to be mixed up in, they’d come and ask if we could help.

This was the Tory party, but of course it matters not one iota which political party it is, for they are all cut from the same cloth.

Withholding on payments to foreign persons

I asked my stockbroker why part of my dividend payments were being witheld, despite the fact that I had filled in form W-8 declaring that I am not a US citizen. It turns out that there is a tax witholding on certain payments to foreign persons, including dividends. I am lucky that the UK has a treaty with the US meaning this is a mere 15% instead of 30%.

I imagine this highway robbery marginally reduces foreign investments. I wonder what interesting forms of taxation will surprise me next.

Samizdata quote of the day

No legal document can save a society from appointing its own slave masters if enough people are determined to do so. Laws alone are not enough.

– Perry de Havilland, discussing constitutions.

My ten years with 2004’s least exciting phone

Instapundit linked to this: Razr Burn: My Month with 2004’s Most Exciting Phone. Apparently, having become accustomed to smartphones, the lady found the ten year old Motorola Razr V3 un-smart.

Lady, that ain’t a 2004 phone.

This is a 2004 phone.

OK, it would have been nice at this point to download a picture of my phone. But one can’t do that with the Sagem myX-2, the only cell phone that a person of discernment need ever own. The myX-2 does not hamper my appreciation of the world by tempting me to take photographs. Nor does it download things, preferring to keep itself pure. I believe that it is capable of going to look at the internet, at warp 48.3, I am told, but in the decade since I first owned this jewel among telephonic devices, my affairs have never been so disarranged as to oblige me to attempt this feat.

It sends text messages. There is a thing called “predictive text”, but I prefer to make my own decisions.

It has a picture puzzle in which one does something or other with a grid of numbers. Of course technology has moved on and no one nowadays would play anything so primitive.

It falls into rivers. It gets left in the saddlebag of a bicycle stored in a lean-to shed for a month. It is stroked lovingly by people who had one in 2003. It distracts jurors from the case in hand when all the mobiles have to be put in a safe and it is the coolest one there. It bounces. It will be replaced when it finally dies which is sure to happen by 2008 at the latest.

You can telephone people on it.

Samizdata quote of the day

Democracy is a great brake, but it is a terrible steering wheel.

– Guy Herbert