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]

Thundering

How long will the doctors be in loco parentis?

Thirty years? Women of childbearing age should not drink – WHO

How about forever? Face masks should continue ‘forever’ to fight other diseases, says Sage scientist

At this point, does anyone really think this has anything to do with a virus?

From Free the Animal

Coming soon, lockdowns due to pretty much any disease that kills anyone anywhere, oh and ‘climate change lockdowns’, that is absolutely going to happen.

Ribbons tied in a bow

Eight days ago I posted about Marion Millar of Airdrie, Scotland, who was summoned to a police station for a compulsory interview over allegations that she had posted homophobic and transphobic tweets.

She has now been charged.

“Activist Marion Millar charged with sending homophobic and transphobic tweets”, reports the Times.

Marion Millar, 50, from Airdrie, was charged under the Malicious Communications Act for tweets published in 2019 and 2020. If convicted she faces up to two years in prison.

The messages investigated by officers are understood to include a retweeted photograph of a bow of ribbons in the green, white and purple colours of the Suffragettes, tied around a tree outside the Glasgow studio where a BBC soap opera is shot.

It is one at least six tweets reported to Police Scotland. The nature of the others is unclear. Millar, who owns an accountancy business, was bailed to appear at Glasgow sheriff court on July 20.

Her supporters said that the prosecution was an attack on the rights of women to express themselves.

Added later: The Times has turned off the comments to its account of the Marion Millar case, presumably for fear of committing contempt of court, so the readers have taken to making veiled allusions to it when commenting on other stories in the paper’s Scotland section.

A couple of the Scottish papers have also reported on the case:

Feminist campaigner charged with ‘hate crime’ – Tom Gordon in the Herald.

Woman charged with malicious communication over ‘transphobic’ tweet – Gina Davidson in the Scotsman.

The European Digital Identity is born

The Executive Vice-President for a Europe Fit for the Digital Age loves the idea:

Margrethe Vestager, Executive Vice-President for a Europe Fit for the Digital Age said: “The European digital identity will enable us to do in any Member State as we do at home without any extra cost and fewer hurdles. Be that renting a flat or opening a bank account outside of our home country. And do this in a way that is secure and transparent. So that we will decide how much information we wish to share about ourselves, with whom and for what purpose. This is a unique opportunity to take us all further into experiencing what it means to live in Europe, and to be European.”

However Laurie Clarke of TechMonitor is not so keen:

“The EU digital ID scheme could be a boon for SMEs but a security nightmare”,

Today, the EU announced plans for a bloc-wide digital identity scheme that will allow citizens to use public and private services online. The digital wallet would store payment details, passwords and digital ID cards, and be interoperable across the 27 EU member countries. But the scheme is yet to settle on technical standards, and could be besieged by privacy and security concerns before it gets off the ground.

The EU will reportedly force a structural separation preventing companies that use the system from repurposing customer data for other commercial activities, such as marketing. It also stressed that users of the digital identity solution will be in control of their data. But the melding of public and private services could pose privacy concerns in future. Privacy advocates have repeatedly warned about the potential for digital ID cards to erode civil liberties – particularly when data collected by the scheme ends up being used for immigration control or policing purposes.

On the security side, “This puts an awful lot of sensitive data in one place,” says Marcus. Cybersecurity threats have been growing over the years both from commercial and government-sponsored hackers, which could threaten the digital ID scheme. “This is a high-value target, both for criminal gangs and for governments. If this data gets out in the wild, it would be bad.”

Some of the responses to Ursula Von der Leyen’s tweet are less enthusiastic still. Someone called “Tom” says,

This would sound like an impending Orwellian nightmare if not for the inevitable certainty that the Commission will find a way to f*** it up.

The point is that anyone can do this to anyone

Don’t like what someone says on social media? Don’t worry, with just one phone call you can arrange for whoever said it to have to tell their autistic kids that mummy has to go away and doesn’t know when she’ll be allowed to come back.

“I can’t sleep, says accountant Marion Millar in trans tweet row”, reports the Times.

Marion Millar, an accountant from Airdrie, North Lanarkshire, was told to report to a police station over allegations that she had posted “homophobic and transphobic” tweets.

Her account of her ordeal has been viewed by millions of people on social media. Millar, who works for For Women Scotland (FWS), a feminist group, wrote: “On April 28 I received a call from a PC Laura Daley from Police Scotland requesting I attend an interview under the malicious communications act. She told me I had to attend East Kilbride police station so I could be then transported to Cathcart station in a police car because I would have to go to a station where there are holding cells.”

Millar was told that social workers would be sent to look after her young twin boys, who are autistic, while she was questioned.

“This nonsense has been hanging over my head for a month,” she said. “I still don’t know what the offending tweet is. Anyone who knows me knows I am not homophobic or transphobic. ”

A spokeswoman for Police Scotland said: “We received two complaints regarding comments made on social media, enquiries into this are ongoing.”

To comply with human rights legislation interviews have to take place at a station with custody suites, which East Kilbride does not have.

I cannot but admire the elegance of using the supposed protections offered by human rights legislation into a vehicle for twisting the knife a little more. Shame if you aren’t allowed to return home, love. But don’t worry, we have a nice custody suite.

Some of you might think this is an example of what a oppressive place Scotland is becoming now that the Hate Crime (Scotland) Bill has been passed. If so, you are wrong. It is an example of what an oppressive place Scotland already is under existing law. Ms Millar was summoned for offences under the Malicious Communications Act. And before English, Welsh or Northern Irish readers feel superior, let me say that as far as I know that same 1988 Act applies to the whole of the UK. As I said in a post from 2012 called “The kraken wakes”, despite its obvious potential for oppression, for the first twenty years or so of its existence the Malicious Communications Act 1988 did not seem to do much harm … but you are not safe just because a monster sleeps.

I thought it was only the other lot who suffered from cognitive dissonance

Facts:

  1. Naomi Wolf is a loony feminist.
  2. James Delingpole is a heroic leader of the resistance.
  3. The heroic leader of the resistance has recorded and published a podcast with the loony feminist.
  4. The loony feminist comes across as sane. I mean really sane. Thoughtful, informed, careful to stick to what she knows and prepared to be honest about what she doesn’t know.

My head hurts. Is this a weird departure from reality? Will the universe will right itself before too long? I hope so, but maybe it isn’t a departure. I am having dark thoughts here, but what if Naomi Wolf has other opinions that are worth listening to? What if other loony feminists have opinions worth listening to? What if some of them are sane? What if a majority are sane? Have I spent a large part of my life being… yernow… wrong?

CMV: the threat to liberty from mandatory voter ID is insignificant

“CMV” stands for “Change my view”. It is the name of a subreddit where people go to argue, expecting disagreement, as I expect it now.

In the most recent Queen’s Speech, Her Majesty told the Lords and the Commons that “My Government will invest in new green industries to create jobs”, but there were serious proposals as well. She also said, “Legislation will be introduced to ensure the integrity of elections”. This was a reference to the proposed Electoral Integrity Bill. You can read the Hansard account of the debate in Parliament here. Chloe Smith MP, who it appears is the Minister for the Constitution and Devolution, there’s posh now, said,

Asking voters to prove their identities will safeguard against the potential in our current system for someone to cast another person’s vote at the polling station. Showing identification is something people of all backgrounds do every day.

Northern Ireland has used voter identification in its elections since 1985, and expanded this in 2003 during the last Labour Government. In the first general election after photographic identification was introduced in Northern Ireland by the then Labour Government (2005), turnout in Northern Ireland was higher than in each of England, Scotland and Wales. Since then, the experience in Northern Ireland has shown that once voter identification is established as part of the voting system the vast majority of electors complete the voting process after arriving at the polling station. A wide range of countries, such as Canada and most European nations, require some form of identification to vote.

New research published yesterday on www.gov.uk clearly indicates that the vast majority of the electorate of Great Britain, 98% of electors, already own an eligible form of identification, which includes a broad range of documents and expired photographic identification.

And, um, that sounds fair to me. Note that the Northern Irish Electoral Identity Card is not required to be shown before one can vote. It is but one of several acceptable forms of ID, and is issued free of charge to those people who don’t have any of the other forms so that nobody will be unable to vote due to poverty. It is not the abominable high-tech integrated without-this-you-starve Identity Nexus proposed by the Right Honourable Tony Blair. My opinions on that have not changed since 2003. To look at, the Northern Irish Electoral Identity card is a poxy little photocard that looks like it was issued by your local library. This lack of sophistication, the fact that you only need the effing thing once every five years or so, and the fact that voters have been obliged to show ID before voting in Northern Ireland for years without any obvious bad consequences, lead me to not to fear the rollout of a similar scheme in the rest of the UK as the first step on the slippery slope towards a national ID card.

As to whether a legal requirement to show photographic ID before one votes is a thing good, bad or indifferent in itself, that is a separate debate. Dawn Butler MP, writing in the Times, says, “This, to me, is nothing more than a cynical attempt at voter suppression by our government — and it must be stopped. It mirrors some of the subversive tactics deployed in some states in America.” Jess Garland of the Electoral Reform Society writes in the Guardian that it would undermine democracy. Over in the US, where the state of Georgia has recently passed its own Election Integrity Act, President Biden said a thing about eagles.

The King can do no wrong

George Archer-Shee died at nineteen, in what might almost be called a natural death for a young British man of his class at that time – he was killed in the First Battle of Ypres. His name is inscribed on the Menin Gate but he has no known grave.

He shared the manner of his death with thousands of others, but, quite against his own wishes, his short life before that had taken an unusual turn. At the time of his death he had been famous for six years.

It all started in 1908 when George Archer-Shee was thirteen and a cadet at the Royal Naval College, Osborne. He was accused of having stolen a five shilling postal order intended for another cadet. An elderly post office clerk said she remembered Archer-Shee as having cashed two postal orders that day, one of his own (which no one denied) and the stolen one. Archer-Shee protested his innocence to no avail; he was expelled without much ceremony.

That should have been that, a minor story of Edwardian disgrace, but his father refused to take it lying down. He engaged one of the most celebrated lawyers of the day – Sir Edward Carson, famous for many reasons, some of which are still controversial today, and determined to pursue the case to the highest court in the land. But there was a slight problem: if I have understood it right, at that time one could not sue the Crown.

Quoting a 1939 article in the Pennsylvania Law Review:

It was early recognized in England that while an action could not be brought against the King, yet as the “fountain of justice and equity” he would entertain petitions from his subjects for the redress of their wrongs; and it was established during the reign of Edward I that the subject might bring a petition of right, which, if approved by the King, would be heard in his courts. The King indicated his approval of the petition by writing on it, “Let right be done”. A petition of right, as distinguished from a petition of grace, asked “for something which the suppliant could claim as a right, if the claim were made against any one but the King”. Originally a petition of right was employed only to recover some interest in land, and there was doubt whether it would lie to recover chattels, but by the time of Henry VI it was settled that it would lie for the recovery of goods and chattels. It was not until 1874 that it was decided that the petition would lie for breach of contract. It would never lie for a tort, for the King can do no wrong.

At the time the petition of right was filed in the Archer-Shee case the law was clear that those in the service of the Crown, whether military or civil, could be dismissed at will and were without remedy by petition of right or otherwise.

Carson won in the end, as he usually did. Archer-Shee was exonerated. And the important precedent was set that the King can do wrong, and can be sued.

So far, so Whig history. The setting of that precedent is how I come to know about the case. I think I read a rather good account of it and why it mattered in Look and Learn magazine in the mid 1970s. Terence Rattigan wrote a play loosely based on the story called The Winslow Boy. It has been filmed at least twice.

But a more recent event also involving the Post Office – and the refusal of the Post Office to admit the possibility of error – and the refusal of the British State as a whole to admit the possibility of the Post Office being in error – and the blackening of the names of innocent people – made me think that we need to learn that lesson again.

Let the BBC tell the story:

Post Office scandal: What the Horizon saga is all about

A group of former sub-postmasters and sub-postmistresses have seen their names cleared at the Court of Appeal after the UK’s most widespread miscarriage of justice.

It marks the latest stage of a computer scandal, and a long and complex legal battle, which could leave the Post Office with a huge compensation bill.

Between 2000 and 2014, the Post Office prosecuted 736 sub-postmasters and sub-postmistresses – an average of one a week – based on information from a recently installed computer system called Horizon.

Some went to prison following convictions for false accounting and theft, many were financially ruined and have described being shunned by their communities. Some have since died.

Edit: In the comments Rudolph Hucker pointed out that the doctrine driving the Post Office’s reckless prosecution of so many of its own employees bore an even closer parallel to the doctrine, supposedly overturned by the Archer-Shee case, that “the King can do no wrong” than I thought. He linked to a piece from the radio station LBC called ‘The Post Office were mendacious in the way they denied justice’ The title is a quote from Nick Wallace, a journalist who has been covering the Horizon scandal for many years.

Due to its long legacy, the Post Office has a “proximity to state power that is almost unparalleled.”

Mr Wallis continued: “It was able to use its own investigation and prosecution units to bypass the CPS and the police force to prosecute its own employees to the tune of one a week for 14 years. There were 736 successful convictions just using Horizon IT evidence.”

He told Shelagh that when the Post Office found out its prosecutions may be unsafe, “they covered it up.”

“They went out of their way to say to campaigning MPs and the Justice for the Postmasters’ Alliance that nothing was going wrong with the IT system and there was nothing wrong with their prosecution.”

They then “threw tens of millions of pounds trying to deny the subpostmasters justice,” Mr Wallis said.

“They were mendacious in the way they went about denying justice and they colluded with the Government in order to do this, because the Government is 100% shareholder of the Post Office and it has skin in this game.

Samizdata quote of the day

When people see those anti-lockdown memes being spread, it forces them to recognize that the world isn’t quite as monolithic as their approved media lulls them into thinking it is. The more they encounter, the more often they must recognize that their paradigms aren’t universal.

In a healthy society, it would be apparent that there were dissenting views. In a society that quashes “disinformation”, you need illicit memes to remind people that there are other views.

Bobby B

Big Business has long known the way to eliminate or at least manage future rivals

Conspiracies are almost always bunk (but note that word ‘almost’). In the vast majority of cases, there are other better explanations for why things happen. Also, it ain’t a conspiracy if it is right out in the open for all to see. And by out in the open, I do not mean people saying “we are going to screw you over”. No, forget what people say, just focus on what they do and try to actually make happen. Once you understand what their objectives are, and the incentives they respond to, you can (almost) always parse their proclamations and get what they actually mean. An oil company’s objective is to produce oil, right? So, why would an oil company support phasing out internal combustion engines? Well, an oil company’s objective is not to produce oil, it is to make money and keep its employees in their jobs. And you can also make money by having governments give you taxpayer’s money to develop alternatives.

Big business seeks unified, market-based approaches ahead of climate summit

Corporate executives and investors say they want world leaders at next week’s climate summit to embrace a unified and market-based approach to slashing their carbon emissions. The request reflects the business world’s growing acceptance that the world needs to sharply reduce global greenhouse gas emissions, as well as its fear that doing so too quickly could lead governments to set heavy-handed or fragmented rules that choke international trade and hurt profits.

– Reuters (2021)

Note that phrase “fragmented rules”. There is even a photo in the article of some poor impoverished fellow titled “A farmer burns paddy waste stubble in a field on the outskirts of Ahmedabad, India”. No doubt this man is filled with a frisson of excitement at the prospect of having his costs massively increased by getting rid of internal combustion engines, and maybe even having some patented GMO seeds foisted on him that he has to pay for annually.

So, here is another quote.

Fascism is the organised attempt to introduce socialist planning with the consent of big business

– Edward Conze (1934)

Conze’s quote is very illuminating and even from the perspective of a deeply unpleasant man writing in the 1930s it is on the money. Where I think Conze’s observation needs a bit of updating is fascism (or alt-socialism) circa 2021 does not look exactly like fascism circa 1934. The ‘organised’ bit these days lacks jackbooted chaps marching down the street (well, usually), and modern neo-racism is tactically different to the way it was done in 1934, albeit the primary objective is still segmentation of populations into manageable groups.

Admittedly, Chinese Han nationalism is a bit more like paleo-racism than the neo-racism of the 白左 Wokesters of the Western world, complete with jackbooted thugs marching down streets, but in most other respects, the Chinese Communist Party has provided a master-class in how an ineffective Marxist socialist regime can quickly adopt the more effective and pragmatic outsourced fascist approach to planned socialist societies. A lot of people in the west look at China and rather like what they see.

When big businesses argue for higher taxes and more regulation, it takes wilful blindness to not see why they are saying these things. It is because it gives them a comparative advantage over less well capitalised up and coming rivals who lack huge compliance departments. Moreover, it strangles future would-be rivals at birth, making it too expensive to even try and get a business based on little more than a good idea off the ground. Just make sure the regulations and costs apply to everyone, no “fragmented rules” that leave gaps in which dangerous weeds might grow.

It is not a conspiracy, because not only is this completely out in the open, it is just a confluence of interests between people with monetary and political power, bureaucrats public and private looking to maintain their power and prestige.

Who cares about what these old white men think in modern, progressive Scotland?

“Writing in Scottish Legal News today, Quis? – a group of senior retired lawyers who have held high office in Scotland – express concerns over the Crown Office’s behaviour during the Salmond inquiry and call for reform to prevent prosecutors from overstepping their role.”

I would imagine Scottish Legal News is usually rather a staid journal, of interest only to legal professionals and legal journalists. Give ’em the clicks, this is important.

For instance, this is a sinister development:

Contempt of court orders protecting the identity of witnesses and victims of crime were once a relatively unusual feature of our legal landscape. No more. At last count there were more than 400 such orders currently in force in Scotland alone.

and so is this:

When did Crown Office, our state prosecutors, become our state censors?

When did Crown Office get the power to tell anybody to keep their correspondence secret?

Some might reasonably ask if what has been going on has remarkable similarities to English ‘super injunctions’, where you can’t even publicise the fact that the injunction exists, and some might also reasonably ask if this is quite simply ‘bullying’ tactics in order to achieve the Crown Office objective of removal of material which Crown Office asserts is necessary for protecting identities.

That would be a perfectly legitimate objective – if it was right. It will be borne in mind, however, that in a recent high-profile prosecution for such a breach, 50 per cent of the material alleged by the Crown to amount to contempt was found by the court not to be a breach of the court order.