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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]
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My friend Kristine Löwe, a Norwegian now living in London, is deep into that post-university battle to get started in Real Life, and I want to give her all the help I can. She’s just had a piece about European drugs policies published in the electronic version of the Guardian.
“Not very exciting stuff” she says modestly in her e-mail to her friends and contacts, and a ringing cry for total legalisation her piece definitely is not. The story is of a shift from treating heavy drug users as criminals to treating them as medical patients, and I don’t know which idea depresses me more. Nevertheless, this is a useful way to learn the latest about the official drugs policy mindset this side of the Atlantic, and next to Kristine’s piece you’ll find further links to other interesting drug-related stories from the Guardian’s electronic archives.
Lagwolf witnesses the Sith Parliament at work abridging civil liberties
I was involved in the pro-hunt protest outside of the Houses of Parliament today. It was a well behaved and good humoured protest which occupied the road outside the building. At 3pm sharp the protestors left the road and gathered in the protest area on Parliament Square or the nearest pub. Alas our efforts were rather less than effective and the parliamentarians voted to ban hunting. It is now up to the Lords to protect this quintessential English freedom.
The fact there are Conservative MPs who voted for the full ban is most distressing and deserve all the derision decent people can muster. That Ann Widdecombe MP voted to ban is telling of how the Tory party has members who do not believe is anyone else’s freedom besides their own. Her own dubious sexuality makes this more offensive. Her “do as I say not as I do,” mentality is most galling. I hope that any Tory MP who voted for this ban is deselected at the earliest opportunity. You either believe in freedom or your don’t. Anyone who voted for a ban on fox-hunting does not believe in freedom…full stop.
Lagwolf
Russell Leslie wrote in to disagree with David Carr‘s article Buddy, can you spare a lime?
“Even a child knows that nobody ever died from eating vitamins or herbal supplements.”
To which Russell writes:
Actually – people (specifically asthmatic children) die from the common alternative remedy “royal jelly” on a regular basis. People think of royal jelly as being a wonderful natural remedy but it does kill people.
Vitamin A, a fat soluble vitamin, will kill in excessive concentrations. Though generally the people that have died have been people that have eaten the livers of sharks, seals and (ooh! gross) dogs – rather than store bought vitamin supplements.
Comfrey can lead to internal bleeding in excessive doses (there are some reports that Calendula can do this as well, though I am not clear on how reliable these reports are).
Herbal remedies are fine when intelligently used – unfortunately some people do not have the mental wattage to do anything intelligently. It is not to protect the intelligent that some form of controls may be needed – only the truly stupid need protection – but no one wants to admit that they are stupid. It is difficult to devise a system of controls protects the stupid but that doesn’t get in the way of the skilled or intelligent.
However whilst Russell makes some good technical points, I think he asks a very leading question: how do we protect the ‘stupid’ from the consequences of their own actions?
This seems to accept as axiomatic that, firstly, people who take ‘excessive’ doses of vitamins or herbal supplements are necessarily stupid… and secondly that anyone has the right to ‘protect’ said ‘stupid’ people from their own actions. The first point is highly conjectural and the second is morally dubious to put it mildly. Surely the best way to induce sensible decision making to not to insulate people from the consequences of their actions, be they the people who take alternative remedies or the people who market them.
I do not often post about specific bits of government legislation as it makes for awfully dry subject matter but I am unable to resist publishing this example of incandescent lunacy.
A year ago or so I wrote an extensive piece for the Libertarian Alliance about the nature, scope and effects of the UK Money Laundering laws (soon to be codified in the Proceeds of Crime Act).
One of the offences specified is that of ‘Tipping-Off’. If a banker/lawyer/ financial adviser suspects a client of money laundering then he is obliged to report the matter to a responsible officer within the firm who must then decide whether or not to make a report to the National Criminal Intelligence Service. All this must be done in secret because the client must not be told that he is under suspicion (in case he flees the jurisdiction). To spill the beans is to commit the offence of ‘Tipping-Off’ (maximum sentence 2 years in prison).
Well, as if destroying the principle of client confidentiality and trust is not bad enough we all now have to contend with Section 29 of the Data Protection Act 1998 which requires all companies to disclose all internal memoranda to their clients upon demand, even those voicing suspicions of money laundering and, hence, tipping them off!!
One law now forces lawyers/bankers/accountants to break another law!! How long can it be before one is liable for prosecution just for turning up at work in the morning?
Do we have a Government or do we just have a Random Regulation Generating Machine up there?
Take a look at a fine article defending the ancient British sport of foxhunting by former Labour MP Brian Walden in today’s Daily Telegraph titled Ban on foxhunting would be a triumph for the mob. I cannot do better than Walden in laying out the case as to why a proposed ban on hunting with hounds is a monstrous attack on liberty, which libertarians, be they meat-eaters or hard-core vegans, should reject.
How could I pass on such a friendly challenge?
I remember my mother telling me a story from her childhood. There was a woman just up the block, a sad case no one spoke of very much: a Morphine addict. The family kept her at home, got prescription “medication” from the local pharmacist… and tried to keep the whole thing as quiet as possible.
I imagine her life was pretty much a waste. I have no way of knowing the when of this. It was in Allegheny County, Pennsylvania, some years before well intentioned people tried to “put an end” to such misery.
Some 60 years of drug prohibition later, I was a young Libertarian activist appearing on radio talk shows. Good intentions had resulted in a human disaster beyond the imagination of those unwittingly responsible for it. The percentage of the population using hard drugs hadn’t even changed. But the total population had grown and with drug users concentrated in ghettos it seemed as if drug use was an epidemic.
I made the comparison to the interviewer of that woman’s life sixty years ago versus what it would now be like for her.
She’d have left home and cut all ties with the famiily after having lost her job and alienated all her friends by begging and stealing money for her expensive criminalized habit. She’d be living in total squalor in an inner city squat with her pimp boyfriend. He’d be beating her for not turning enough tricks and they’d both be robbing houses, shoplifting and commiting other petty crimes to feed their habits. Their pusher would get it all. They’d have to dive for cover when the pusher’s gang fought gun battles in the ‘hood to protect a valuable territory against rival gangs. The local cops would be on the take from the gangs. Wholesalers and importers upstream would take care of the bigger payoffs to the DEA, the Coast Guard and governments of third world countries.
The couple would be re-using dirty needles and shooting up heroin of uncertain quality and random cut. Overdose, poisoning, hepatitis, violence, withdrawals on bad days… they’d be lucky to live to be thirty.
Little needs changed to update the description by twenty more years. In 2002 the couple are probably HIV positive; and the heroin importers are financing terrorist networks and buying nukes.
Yeah, the prohibition of hard drugs sure did improve the world…
The danger of the Security Systems Standards and Certification Act (SSSCA)
By Paul G. Allen
Before anyone remarks about this being Off Topic for the various mailing lists I’ve sent this to, please think about the effects this could have to Linux. In addition, even though many of you may not be US citizens, the recent happenings with international laws against cybercrime, copy protection and the like could make this US law relevant to you as well, not to mention the impact to your company should you not be able to do business in the US because of such a law. Therefore, it really is on topic, and the time to think about and act on such things is before they are written in stone, not after.
In case you haven’t heard, the SSSCA is before the Senate Commerce Committee, with a hearing earlier today (for the story and several links, including a draft of the bill). The SSSCA, if passed, would basically require that all interactive digital devices, including your PC, have copy protection built in. This protection would not allow digital media from being viewed, copied, transferred, or downloaded if the device is not authorized to do so. The bill also makes it a crime to circumvent the protection, including manufacturing or trafficking in anything that does not include the protection or that would circumvent it.
Even if there is no SSSCA, the entertainment industry as well as the IT industry both agree: we must have copy protection of some kind. While I do not disagree that many movies, songs, and other media are distributed illegally without their owners consent, and that copyright owners need some sort of protection, this is not the way to fight the problem, and doing so can, and probably will, have drastic and far reaching consequences for not only the IT industry, but the entertainment industry and the consumer as well.
Many of us have become increasingly involved with, and dependent upon, Free Software (as in GNU GPL or similar), especially the Linux operating system. This type of software is distributed with the source code, allowing anyone to modify it as they choose and need. Linux has become popular to the point that many companies, especially those that provide some kind of service on or for the Internet, rely upon it heavily. Because of the free nature of Linux, and other Free Software, it is extremely difficult to place actual numbers on how many systems are out there employing such software. Some of you, like me, can approximate the number of such systems in your own company or realm of knowledge. So how does this relate to the SSSCA?
As any programmer worth his/her salt will attest, given the resources, anything that can be programmed into a computer can be programmed out, or worked around. In the case of copy protection such as the SSSCA would require, the resources needed for circumventing it is simply the source code for the operating system of the computer, and/or other source code for applications used on the computer (such as one of the many free video/audio layers available). Now given the wording of the SSSCA, along with the DMCA and other supporting laws, it stands to reason that such Free Software would suddenly become a target for legislation. Such legislation logically may require such software to be judged illegal. Such a decision may have serious consequences to the IT industry as well as the entertainment industry and the consumer as well. Little may the consumer or entertainment industry know, but much of the technology they rely upon today is provided at low cost by Free Software. Take that software away, and suddenly doing business costs a lot more, and eventually the consumer just will not be willing to pay for it.
Now aside from the consequences to Free Software, what about the consequences to those who do not use such software. Imagine that home movie you shot last weekend on vacation. Now you wish to send that home movie to a relative, friend, whoever, over the Internet, or place it on your web site for all to download. Well, with many of the protection technologies suggested, this would not be possible, or would be extremely difficult. Some of these technologies require digital watermarks to be placed in the media, for one example. CD burners, digital cameras, etc. can not make these watermarks. The copy protection works by checking for such a watermark, and if it does not exist, the system either will not allow the media to be played, or will not allow it to be transmitted over the Internet as the case may be. So much for sending your cousin your latest home movie, or allowing your whole family to see it from your web site. An additional problem is all current media, including CDs and DVDs, you may currently legally own would not work on proposed new CD and DVD players with copy protection hardware. You would not be able to copy CDs, tapes, or anything else that you legally own in order to exercise your right to fair use, so as to listen to that CD on the cassette deck in your car.
I could go on, but I think this is long enough and has given some food for thought. Besides, I have work to do. Election time is near, so think about what that person you are voting for represents. Think about actually writing a letter to a congressman or other legislator, to a magazine (I actually had one published once, so its not beyond the realms of possibility), newpaper, etc. Many people have the attitude that they can do nothing and make no difference. Well, I say to them they are right, because there are so many people with that attitude, that none of them do anything and they make no difference in doing so. The ones that make the difference, are the ones taking a stance, and the ones taking the stance are the ones that are causing these ridiculous laws to be passed. Guess who those people are?…
Welcome to The United Corporations of America.
[Paul has been circulating this article among the various Open Source mailing lists and we at Samizdata felt it so important we’ve gotten his more than willing permission to reprint it in its’ entirety. What is happening should be of concern to all Libertarians and open source folk as well as civil liberties advocates of all stripes. The media industry is up to nothing less than buying congress so they may seize control of a resource (the Internet) they could not otherwise conquer. If they wished to build their own infrastructure from scratch, using their own money, we would have no complaints. That is not even remotely a picture of what they are attempting.
We agree wholeheartedly with law school professor Glenn Reynolds position. The media industry is ripe for a RICO. This is far more real than the so called Enron “scandal”. Enron failed to buy support. The market took its course and they are gone. The media industry is apparently much better at the bribery game and have a number of congressmen (Hollings and Stevens in particular) actively on their payroll. – Ed]
I have only a fuzzy and rather amateurish understanding of Chaos Theory but I do believe that it attempts to explain the process whereby a butterfly flaps its wings in the Amazon and, some time later, as a direct result, a hurricane lays waste to Poland. Or something. In other words, it is an exposition on how tiny, insignificant events can, through a cumulative series of knock-on effects, eventually become really big, major, world-changing events.
On the assumption that I am right (or, at least, not too hilariously wrong) then I think we are witnessing something in reverse by the UK governments sudden resurrection of the proposed ban on fox-hunting.
Now it is fair to say, that fox-hunting has been under the cosh for some time now. It has been priority No.1 for animal rights groups for years but, since Labour came to power in 1997, it has also been the target of the Labour left who see it as a decadent hobby for the cruel and arrogant rich; a totem of class privilege. This is a charge which is neither true nor fair but it has played well within the context of the Politics of Envy and, even if it were true, it deserves to be protected from state bullying.
But, faced with some determined opposition, the government has shied away for forcing through a ban of the sport in England and, until the last few days, the issue appeared, if not dead, then dormant.
All of a sudden, though, it is back on the agenda and with indecent haste, the government announcing a House of Commons Free Vote on March 18. Not through any sense of principle, mind. Tony Blair is known to be, at best, agnostic on the issue. No, it has everything to do with the War on Terror.
Blair has committed himself to supporting a US attack on Iraq but knows full well the unholy ruckus that support is likely to cause within his own party. This is a trade-off. Blair is telling the left that, if they keep quiet over the fate of Saddam, he will throw them some red meat in the form of the ban on fox-hunting they have always lusted for. In other words, give me Baghdad or the fox gets it.
It may not work. First, cynical ploys are the life-blood of the left and this may simply not be enough to buy their silence. Secondly, the principled opposition that rallied before is already rallying again and dark mutterings of civil disobediance fill the air.
But is this not an example of Chaos Theory only in reverse? Crazed terrorists kill thousands of people in America and, as a result, an old English tradition faces state-mandated oblivion.
The calm acceptance of tyranny is often more scary than its imposition in the first place. I saw the following letter in the online edition of the Daily Telegraph, the right-leaning broadsheet not normally known for excessive idiocy. The following letter on ID cards was written by a certain R.E. Parker who clearly regards libertarian concerns about ID cards as so much paranoia. The letter is a classic:
“I had an identity card for years during my time working in the Gulf states and I didn’t feel that my civil liberties were being infringed. During a recent trip to Oman I wished I did have an identity card as the bank would not change my money without formal identification.”
This surely misses the point. As a freedom-lover I don’t mind being asked for ID in certain cases and indeed, in a free market, all kinds of institutions would make it commercially sensible for persons to carry ID of some kind, such as banks in Oman. But what the letter-writer is interested in, I assume, are state cards, imposed by force.
I’ve had it on my mind recently to check out the website of Amnesty International. I do recall clearly that, when I was a student, it was an organisation so esteemed that it was generally held to be the very highest arbiter of human affairs among anybody who was anybody. Why, the mere utterance of its name was sufficient to bring on paroxysms of crippling guilt and po-faced righteousness in equal measure
So I moseyed along to their website to see what they had to say for themselves these days, and guess what I found? Well, according to Amnesty the way to ‘Stop the Terror’ is to abolish the trade in small arms.
They’d be better off trying to stop the proliferation of the word sustainable which pops up all over their website like a plague
Now, in fairness to them, they do highlight the fact that small arms are used by tyrannical governments, guerillas and criminals to bully and kill innocent civilians but what they speciously fail to realise is that abolishing the means of self-defence is not the way to discourage them
Oh and there’s a lot of other guff about the diamond trade being (shock, horror) unregulated and a general lamentation about the slow progress of World Government under the strict auspices of the UN (which they clearly worship). In short it is more or less everything that can be expected from your average post-modernist left-wing lobby group
Of course, there is nothing wrong, indeed there is everything right, with campaigning against government abuse and torture of citizens but there is a great deal wrong with their promotion of ‘entitlements’ as ‘rights’ and with their underlying assumption that all human life can be preserved and sustained by writing lots of noble things on lots of bits of paper and entrusting their stewardship to diverse grand-sounding conventions and bureaucracies. Some people don’t quite get it. These guys don’t get it at all
Far from being a ‘Candle in the Darkness’, Amnesty International is just another one of those organisations that know everything about human rights and nothing at all about human liberties
Lots of good but wrong stuff…
…In Kevin Holtsberry’s blog. I would like to join battle with the redoubtable Mr Holtsberry on several issues, but can I start with just this one. I am as he is of sick of e-mails headed “heya…” and “hi?” that turn out to be porn. These e-mails disgust me when I see them, waste my time while I delete them, and mean that my children cannot be let out even for a moment from the kiddie-ghetto of Kids’ AOL. I don’t deny there is a problem. His proposed solution is to have a law. I have to point out that there probably are laws already, dozens of them. How long does a new one take to come in? How effective will enforcement be? Is there any special reason to suppose that it will be any more effective than the laws prohibiting drugs?
Slowly, imperfectly, but definitely, the market has provided solutions to related problems before. We first hooked up to Compuserve in 1995. At that time you paid for every message you received. We received a lot of junk, got sick of it, and quit. (Our family would be classified in advertiser’s jargon as not so much “early adopters” as “early rejecters”.) When we came back five years later the payment structure problem had been solved, and the quantity of junk mail much decreased. (Yes, really.) It’s an arms race. At the moment the attackers are winning – but who is going to be more motivated to research on means of defence: AOL, who are going to lose my custom one of these fine days if they don’t get a move on, or the government?
It’s not the case that I deny any role for law in this issue. Separate contracts, enforceable in law, between ISP and users as to what could and could not be sent by the ISP’s services, would be fine by me. Different ISP’s could compete on their various brand contracts. “We always prosecute pornographers who send unsolicited mail!” some would boast. Others could proudly say, “You choose: this service is completely unrestricted and unsupervised.” Contrast that with the obvious dangers of blanket supervision by not just the present government but all future ones. But the law is always likely to trail behind the power of angry customers (like me) with the right of exit. The lowlife that Mr Holtsberry rightly describes as being “creative and dishonest” in evading the software barriers that Internet Service Providers try to put up against them are scarcely likely to be less creative and more honest in evading legal barriers.
Libertarians will be deeply concerned to learn that the authorities of the Orwellianly-named “Samizdata” have hidden from their readers that Natalie Solent’s most recent reading matter was not “?” as appeared in the summary of what all the Samizdata posters just read (an obvious ploy; the world public has long known that “?” is a Pokemon, silly). It was actually a whole pile of 1997 copies of House and Garden given to me by my next door neighbour. Clearly the powers-that-be considered this insufficiently intellectual. In a compromise move Ms Solent has offered a real-life clever person’s book she read just too late for the deadline: Getting the Message, a history of communications by Laszlo Solymar. It’s full of interesting nuggets. Here, for example, is an excerpt from a law passed in France in 1837:
Anyone who transmits any signals without authorization from one point to another one whether with the aid of mechanical telegraphs or by any other means will be subject to imprisonment …
And here is the text of a warrant issued by the British Government to the Post Office during the Boer War:
to produce, for the Information of the Intelligence Department of the War Office, until further notice any telegrams passing through the Central Telegraph Office (in London) which there is reason to believe are sent with the object of aiding, abetting or assisting the South African Republic and the Orange Free State.
Plus ça change…
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Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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