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]

Despotism: state power beyond the law

The distinction between the legal order in Western democracies and the tyrannies of Stalinist Russia or modern China or the Arab gulf states, is often thought to be stark. In Britain in particular, we are complacent that 800 years of the common law will protect us against the overreaching power of state functionaries.

Today comes a case that shows this conceit to be ill-founded. It was already widely known that the Home Secretary would like the power to lock anyone up for seven weeks on her say-so. But it is not in effect yet, and is likely to be opposed in parliament. Who knew that the British state is already punishing 70 people with effective suspension of all their economic rights on mere accusation, by freezing their assets by Treasury order without any legal warrant or process?

The Terrorism (UN Measures) Order 2006 and the 2006 al-Qaeda and Taleban (UN Measures) Order were made under section 1 of the 1946 UN Act in order to implement resolutions of the UN Security Council. These orders are not parliamentary instruments but “orders in council” – the council in question being the Queen’s Privy Council, so that the rules under which (according to solicitors for the victims)…

We have the madness of civil servants checking Tesco receipts, a child having to ask for a receipt every time it does a chore by running to the shops for a pint of milk and a neighbour possibly committing a criminal offence by lending a lawnmower.

…have not troubled parliament even under the pathetic ‘negative resolution’ procedure by which most of our law is now made. Nor has any judge or other independent authority been in involved in these seizures or assessed the evidence (if any) that justifies them. Nor is there any time limit. Or need to bring charges to support the indefinite punishment.

Which remains, though the learned judge found it entirely illegal, indefinite:

Jonathan Crow QC, for HM Treasury, had told him the UK government would be left in violation of a UN Security Council order were the orders to be quashed immediately.

The Treasury said the asset-freezing regime and individual asset freezes would remain in place pending the appeal.

A spokesman said the asset-freezing regime made an “important contribution” to national security by helping prevent funds being used for terrorism and was “central to our obligations under successive UN Security Council resolutions”.

To which I say, and not for the first time, damn the UN. Neither the UN nor Treasury officials are supposed to make our law. And if this proscription stands, then we might as well have no law.

Censorship and the internet

Via the website BoingBoing is a good new directory showing where the most and least censored internet systems are. A handy reference guide for people keeping an eye on governments’ efforts to control content. Suffice to say that nations like Saudi Arabia or China do not score very well.

Outside our web-world, some people may sneer that only geeks get upset by censorship, but given its growing importance as a communications medium, those sneers are misplaced. The loss of freedoms tends to diminish those of everyone else.

Can you help some people fight The Power?

Some people I chat with in Indonesia on an almost daily basis have just told me that the Indonesian government have just blocked all access to YouTube, MySpace and Rapidshare. Apparently using proxy servers lets you get to a YouTube page but they cannot actual view the videos for some reason.

Does anyone out there have any technical suggestions to pass on to some freedom loving folks in Indonesia? If so, leave them in the comments here. Quite a few people there want to make a mockery of this blatant censorship, which is being done to pander to the most intolerant Islamist elements in that country.

The fall of Finland

I previously reported on the saga of Mikko Ellilä. Here is the trial (in English) and now the state has spoken its verdict: guilty.

So it has happened: thoughtcrime is now officially a crime in Finland. Stating your opinion, moreover stating your opinions based of government statistics, is illegal. Finns may now only express a politically sanctioned range of opinions subject to supervision by official Gauleiters like Mikko Puumalainen. The fine is small but so what? The message is clear. Dissent will not be tolerated by the Finnish state. It should not matter a damn if you agree with what Mikko Ellilä says, it is outrageous that he is not being allowed to say what he thinks.

The thing I find so nauseating is these sanctimonious pathological control freaks act as those they are not repressive government thugs using force to prevent dissent. The freedom to only state popular opinions is no freedom at all because freedom of speech is the right to say what some other people do not want to hear. It is the right to express opinions that may offend because if you cannot do that, you do not have freedom of speech.

People like Finnish bureaucrat Mikko Puumalainen exist everywhere (see the Ezra Levant case in Canada) and they must be resisted by any means necessary.

The Big Brother State video

Something for the afternoon tea break:

The war on…

What is it this week? Ah, tobacco again. Now displaying them for sale is to be banned. It is a public consultation – but the point of public consultation is to be able to point to endorsement of policy and to disarm objectors at the point of actual legislation, not to discover anything. Departmental minds are clearly made up:

Public Health Minister Dawn Primarolo said it was “vital” to teach children that “smoking is bad”.

“If that means stripping out vending machines or removing cigarettes from behind the counter, I’m willing to do that,” she said.

‘Its-for-the-children!’ – usually delivered in a sobbing voice on the edge of hysteria – remains an unstoppable weapon by which public life crushes private life.

Discussion point XXI

Should the possession and/or distribution of child pornography be a crime in a free society?

Who needs products when you have government?

The latest great idea from ‘digital-strategy consultant’ Jim Griffin, who is advising the Recording Industry Association of America on new and innovative ways of rent seeking, is to propose a piracy surcharge on ISPs in the USA.

Of course the advantage of that is if all broadband users have to pay the music industry $5 per month, regardless of whether or not you actually download any music, legal or illegal, why bother promoting music at all? Who needs products when you can just force people to pay you regardless? Is it great that we have governments around the world who are in a position to actually try and do stuff like that?

1984 comes to Finland

The toxic effects of collectivism rear its ugly Hydra-like heads in Finland, where the state wants to introduce a Chinese style ‘Internet Great Wall’ to stop people expressing political idea the state disapproves of. It also wants to prosecute Mikko Ellilä for the thought crime of expressing a dislike of multiculturalism.

It has been reported to me that Puumalainen said in a government press release in April that “racism” on the internet should be persecuted using the same methods as in the combat against child porn.Since all internet operators in Finland are required by law to block child porn websites, Puumalainen’s statement that “the same methods that have been successful in the combat against child porn should be implemented in weeding out racism on the internet as well” means that in Puumalainen’s opinion it ought to be possible for the government to establish a firewall that blocks all websites that Puumalainen accuses of racism.

In other words, Puumalainen says “racism” is a crime like child porn, and therefore “racist” websites such as blogs that mention crime statistics should be blocked by a governmental firewall.Mikko Puumalainen not only thinks that “racism” (such as data quoted from official crime statistics published by the Ministry of Justice, or by the Interpol, or by the United Nations) should be a crime, but that citizens should not even be able to access websites that Ayatollah Puumalainen has declared to be heretic

And what ‘racist act’ did Mikko Ellilä commit that enraged the state?

Quotes from official crime statistics published by the Ministry of Justice undoubtedly “help maintain an anti-immigrationist political climate” because they prove that e.g. the Somalis commit more than 100 times more (over one hundred times more, as in, over 10,000% more) robberies per capita than the Finns do.

Yup, he quoted official crime statistics. Given that Finland has one of the highest rates of internet usage in the world, I hope this provokes a powerful backlash against the control freaks who run the country.

Samizdata quote of the day

You should see an ID card like a passport in-country.

– Meg Hillier MP, the minister responsible for the scheme, to the House of Commons Home Affairs Committee, today.

Someone has been doing their homework

And it is The Economist. Unlike some of my fellow Samizdatistas, I am a fan [1]. But then, I am a liberal – conservative only in my suspicion of social management and ‘fixing’ things without enquiry as to whether they are actually broken.

This week in the print edition there is an excellent supplement: The electronic bureaucrat (introduction here). It is clear-sightedly critical of e-government of all kinds, without falling into the know-nothing technophobic rants that I fear some of those who oppose the database state do:

[G]loom, fear and optimism are all justified.

[1] Though I sincerely hope putting Martin Sheen on the cover of the Intelligent Life quarterly was one of its deadpan jokes.

Stet

I write a lot of letters to the press. They are usually edited for length by the letters pages subs, and often improved thereby. If you can say something shorter it is usually better. However, occasionally it goes wrong. This week the London Evening Standard mangled something I wrote so badly as to remove most of the point.

The original may not be the most eloquent piece, but it should be published somewhere. I have added a few links to give blogospheric readers the context:

Sirs,

A man is held without charge at the instance of a foreign power and a visit from his MP is secretly recorded on the instructions of police acting without a warrant. A decade ago this would have been Britain only in a science-fictional parallel-world. David Davis is quite right (Article, 5 February) to condemn it. But things are still getting worse. Surveillance powers – most of which date from 2000, before the “War on Terror” was declared – are old hat.

The Government obsession now is “information sharing”, connecting the numerous databases now kept on us by various departments. This “Transformational Government” multiplies the attack on privacy and liberty many-fold. Its shadow falls on almost all new legislation. The Counter-Terrorism Bill currently before parliament, for example, would allow information to be disclosed to and passed on by the Intelligence Services, regardless of how it is obtained and despite confidentiality or privilege. Meanwhile the Ministry of Justice has been given a programme to weaken in general the existing controls on information in government hands, and the National Identity Management Scheme (ID cards), the means to join it all up, is being pressed forwards on a new schedule.

We are facing not just a surveillance state, but the building of a new phenomenon, the database state.

Yours faithfully

Guy Herbert
General Secretary, NO2ID