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]

Regulation and data

This article from the Washington Post, on the application of the little known Data Quality Act to hobble the regulatory leviathan, is full of unintentional insights. The Data Quality Act is, well, let the Post tell it, and let the insights begin!

The Data Quality Act — written by an industry lobbyist and slipped into a giant appropriations bill in 2000 without congressional discussion or debate — is just two sentences directing the OMB to ensure that all information disseminated by the federal government is reliable.

The first insight is, of course, the clonking great pro-government, pro-regulation bias that the Post brings to this story. Note the disparaging terms applied to this piece of legislation, which has a genesis and a pedigree that is totally ordinary – most legislation is the product of interested parties, and most finds its way onto the books via massive omnibus bills that no one reads. However, these routine facts of Washington life are given ominous prominence only when the media outlet is opposed to whatever was done. The rest of the story is riddled with similar bias – in the Post’s world, regulation is always good, always to protect the people, never fails a cost-benefit test, always supported by the preponderance of the scientific evidence, etc.

The next set of unintentional insights comes to us when the relatively innocuous purpose of the Act collides with the prerogatives of the regulatory state.

But many consumers, conservationists and worker advocates say the act is inherently biased in favor of industry. By demanding that government use only data that have achieved a rare level of certainty, these critics maintain, the act dismisses scientific information that in the past would have triggered tighter regulation.

First, of course, note who the Post asks for their opinion. Of equal interest is the rather revealing admission that, in the past, regulation was apparently handed down on the basis of information that was, how to put this, of less than adequate quality. Declining to regulate because the data isn’t there is, of course, a Bad Thing.

These final comments surely need no elaboration.

“It’s a tool to clobber every effort to regulate,” said Rena Steinzor, a professor of law and director of the Environmental Law Clinic at the University of Maryland. “In my view, it amounts to censorship and harassment.”
. . . .

Yet Steinzor, the Maryland environmental lawyer, and other critics complain that the OMB’s involvement politicizes the process. The expertise of the handful of scientists hired by Graham, they say, cannot match that of the thousands of experts on agency staffs.

First Amendment primer

One of the conceits of the press here in the US is that the First Amendment, which states that “Congress shall make no law . . . abridging the freedom of speech, or of the press” somehow grants them special status and immunities from laws that we plebes have to comply with. Not too surprisingly, the establishment media sees itself as the “Fourth Estate,” Americanized as the fourth branch of government (after the legislative, executive, and judicial branches) entitled to its own kind of sovereign immunity.

They are wrong. If the freedom to publish is restricted only to a certain limited or identifiable class, then it isn’t really a freedom at all, but is a privilege.

One of the more common expressions of the misconception that they belong to a special privileged class is the belief among journalists that they are entitled to defy court orders. Specifically, they believe that the First Amendment somehow guarantees them an immunity against having to identify their sources.

One of the micro-scandals plaguing the Bush administration has been the entirely hoked-up l’affaire Plame. In a nutshell, when former ambassador and Saudi shill Joseph Wilson began lying in public about his fact-finding mission to Africa regarding Saddamite nuclear ambitions, someone in the Bush administration may or may not have “leaked” the fact that his wife works for the CIA and got him the gig. This was scandalous because his wife may or may not have been an “undercover” op, so that leaking her identity may or may not have been against the law. Valerie Plame was so concerned about being outed that she and her husband arranged for a nice photo spread in Vanity Fair.

The scandal was hoked up because the press knew from the get-go who leaked Valerie Plame’s name and identity, but nonetheless went on a rampage about a coverup and the need for a grand jury to investigate the White House for this dreadful breach of national security. In effect, the Washington press was demanding a grand jury to discover what they already knew. This bluff has been called – the grand jury quite logically subpoenaed the testimony of two reporters who had fingered the White House for the leak.

Newly-released court orders show U.S. District Court Chief Judge Thomas F. Hogan two weeks ago ordered Matt Cooper of Time magazine and Tim Russert of NBC to appear before a grand jury and tell whether they knew that White House sources provided the identity of CIA officer Valerie Plame to the media.

Cooper still refused to answer questions after Hogan’s July 20 order, and on Aug. 6 Hogan held him in contempt of court and ordered that he go to jail. Cooper has been released on bond pending his emergency appeal to a federal appeals court. Hogan has ordered that Time pay a $1,000 fine for each day Cooper does not appear before the grand jury.

A timely reminder that freedom for all is not a privilege for the few.

Taking the fight to the enemy

Some time in June I was contacted by the production company responsible for making a radio programme called ‘Straw Poll’ for BBC Radio 4. They asked me to join the panel for a forthcoming debate on the proposition that ‘We Should Not Legislate Against Obesity’.

I agreed.

The format of the show is a panel which consists of four speakers, two of whom are in favour of the proposition and two of whom are against. The debate is thrashed out for about 30 minutes or so before the studio audience is given a chance to put questions to the panellists. The studio audience then vote on the proposition.

The programme was recorded last July 19th at a Central London location. My opponents were two doctors representing Orwellian-sounding NGO’s whose names I have not forgotten because I never bothered committing them to memory in the first place. On my side was a very polished and very professional PR spokesman for the food industry. → Continue reading: Taking the fight to the enemy

Another First

The British government is advocating the vaccination of children against particular behaviours using the forthcoming array of pharmacotherapy vaccines. These would innoculate children against a host of behaviours that the government defines as anti-social: drinking, smoking, drugs, blogging and so on.

The article explains that “Doctors would immunize children at risk of becoming smokers or drug users with an injection” and that the program would operate in a way similar to the “current nationwide measles, mumps and rubella vaccination programme.” Further the authors reveal that “such vaccinations are being developed by pharmaceutical companies and are due to hit the market within two years.”

Developments like this are monitored by the Centre for Cognitive Liberty and Ethics, whose response was clear:

Richard Glen Boire, a legal scholar at the CCLE, believes that vaccinating children with “anti-drug” drugs would be “alarming and unlawful, and would signal the first time that neuropharmaceuticals were overtly used to enforce government policy.”

Aside from the human rights concerns, the UK plan raises serious health questions regarding the long-term effects of these drugs on the complex neurochemistry of the brain.

The CCLE warns that advances in the neurosciences will challenge the ability of individuals to maintain their cognitive freedom. Governments will redefine mental health to use drugs and other neurotechnologies in order to police and channel people’s behaviours.

(My thanks to Alex Ramonsky of the Entelechy Institute for alerting me to this issue). Crossposted to White Rose.

Personal data out of control

This is one scary, scary animation… It may seem exaggerating and a bit on the cheesy (or sprout submarine combo) side but it is certainly my impression that things are moving in that direction.

via Dan Gillmore and cross-posted from White Rose

Time to object

Today is the deadline for the Home Office consultation period on ID cards bill. Phil Booth of Infinite Ideas Machine and No2ID campaign draws our attention to the fact that there are still a few hours left…

Just in case you need any inspiration he has published the full text of his e-mail submission to the Home Office consultation on ID cards.

He also points his readers to Spy Blog’s excellent annotated blog of the Draft Bill, Mark Simpkins’ equally excellent blog of the entire consultation document. For those with some time on their hands he recommends reading Stand.org.uk’s submission [219KB MS Word document].

Please do send something (even if it’s just a simple ‘I am against the proposed scheme and legislation’ type mail) to identitycards@homeoffice.gsi.gov.uk, making sure the words ‘consultation response’ appear in the Subject line.

Thanks.

Cross-posted from White Rose.

Census intrusion

Blogger and friend Russell E. Whitaker links to and quotes from an article citing the increasingly intrusive, impertinent and downright rude questions which compilers of the U.S. national census deem is fit to ask citizens of Jefferson’s Republic once every ten years.

It is scarcely better in Britain, as far as I can tell. Oh well, I do recall with amusement reading somewhere that in response to questions about matters of religious belief, a number of folk now give their answer as ‘Jedi’. Even funnier, it is now a recognised category. I wonder if I ought to go through my collection of science fiction novels and come up with a new category or two.

Blackadder Goes Forth

I have a problem with Rowan Atkinson. He only has to open his mouth to set me off laughing. Bob.

Maybe we should start taking him seriously. Every few years Mr Blunkett takes it into his head to publicly demonstrate that he is not as other men are, extortioners, unjust, adulterers, or even as this publican, by making a new law against incitement to religious hatred and Mr Atkinson stands up to argue against him. This is what happened in 2001 and that is what happened again the other day in the pages of the Times, and on Radio 4’s Today programme where I heard him, waiting for a joke that never came.

The joke is indeed a long time coming. Freedom of speech in this country did not merely arise during a period of violent religious divisions but because those divisions were insurmountable by any means other than allowing liberty for all.

Laugh or cry

I didn’t know whether to laugh or cry at the Beeb’s latest gaseous emanation regarding global warming.

Now, I am no climate scientist, but I harbor a suspicion that maybe, just maybe, one factor impacting on the Earth’s climate just might be – now, I’m just throwing this out – the sun. I find discussion of the sun’s impact on global weather to be oddly absent from the reams of paper speculating on how minute variations in various gases here on earth may affect climate, rather like speculating on how adjusting the air pressure in your tires a few ounces might affect fuel efficiency without ever considering the, well, fuel you are putting in the tank.

I have noted the occasional article exploring the correlation between temperature variations and solar activity, and so I read this with interest:

Scientists based at the Institute for Astronomy in Zurich used ice cores from Greenland to construct a picture of our star’s activity in the past.

They say that over the last century the number of sunspots rose at the same time that the Earth’s climate became steadily warmer.

However, the scientists made sure that the reigning anti-materialist orthodoxy of those providing their grants was not called into question by these merely scientific observations, scurrying to observe:

This trend is being amplified by gases from fossil fuel burning, they argue.

and

This latest analysis shows that the Sun has had a considerable influence on the global climate in the past, causing the Earth to warm or chill, and that mankind is amplifying the Sun’s latest attempt to warm the Earth.

The notion that non-human forces might occasionally affect the Earth’s weather can not quite be denied:

Over the past few hundred years, there has been a steady increase in the numbers of sunspots, a trend that has accelerated in the past century, just at the time when the Earth has been getting warmer.

The data suggests that changing solar activity is influencing in some way the global climate causing the world to get warmer.

but of course if this truth were recognized then it would quite knock the props out from under the latest rush to regulate under the banner of Kyoto and global warming. Even when evidence of the obvious – that the sun’s output is what really controls global temperature, and that global temperature swings regardless of human activity – is presented, it must be spun so that human agency, and thus the need for regulation, is paramount.

Laugh or cry? I can not quite decide.

Less bang for your buck

The animal welfare charity, the RSPCA, wants lawmakers to ban ‘non-official’ firework displays and outlaw sales of fireworks which make very loud bangs, due to the distress this causes to dogs, cats and other animals, including livestock.

Now, it would be dead easy for we libertarians to immediately characterise this sort of thing as the obsession of a bunch of control freaks who want to remove our fun. I can certainly see that point. As a kid, I loved the annual Bonfire Night firework display of November 5, when my dad invariably built an enormous fire at our farm and let off vast numbers of fireworks.

But libertarians are also conscious of the issue of property rights. If I am a dog owner, and I do not want my canine companion to be traumatised by loud bangs coming from my neighbour’s property, can and should I be able to find a way to get the noise stopped? Do repeated loud noises constitute an invasion of my property rights? Or should I be able to make some kind of agreement, perhaps even involving money? For example, the firework lovers could offer a neighbour a cash sum, or offer to take the neighbour’s pets to a kennel home (soundproofed!) for the evening?

Sound ‘pollution’ can be hard to enforce via property rights, but that does not mean it would be impossible to do so. So at the risk of attracting the ire of firework nuts, I sympathise with this particular RSPCA cause, but obviously vastly prefer solutions which mean that enthusiasts of firework displays, both amateur and official, can enjoy a party while their neighbours’ pets are not sent into agonies.

In the Land of the Free

You may have wanted to know the REAL reason that ‘Friends’ has been taken off the airwaves. The ‘official’ reason is that the show’s makers wanted to quit before the show became too stale.

The truth is rather more sinister.

In Lyle, the California Court of Appeal held that creative discussions in which writers of the popular sitcom Friends developed ideas and created scripts could constitute sexual harassment of individuals listening to the sometimes bawdy banter of the writers.

So now we know.

[Thanks to Virginia Postrel for the link.]

Getting the state out of the censorship business

It seems astonishing that the state still gets involve with the content of TV programming in the USA. I expect this sort of crap in Britain and Europe, but in the USA?

The U.S. Senate on Tuesday approved a measure to crack down on indecency on radio and television by sharply raising fines. The Senate also took steps to rein in the growth of U.S. media companies by invalidating new, more relaxed ownership rules.

Can anyone tell me, do these absurd rules in the USA also apply to other non-terrestrial broadcast media companies, such as cable and satellite TV or even internet ‘radio’?