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]

Remembering Theo van Gogh

There has been some interesting discussion on Peaktalk in the subject of freedom of expression, marking the second anniversary of the murder of Theo van Gogh. As there are several relevant articles, I have not linked to any in particular.

Most scary halloween costume ever

Pure genius.

Even Big Media wakes up to Big Brother

In today’s news, media channels bring Samizdata readers this stunning, shocking announcement:

The UK is becoming a “surveillance society” where technology is used to track people’s lives, a report has warned.

CCTV, analysis of buying habits and recording travel movements are among the techniques already used, and the Report on the Surveillance Society predicts surveillance will further increase over the next decade.

Information Commissioner Richard Thomas – who commissioned the report – warned that excessive surveillance could create a “climate of suspicion”.

One of the many justifications for creating this all-seeing, all-knowing state is that it will help reduce crime. Well, it does not appear to be having much impact on Britain’s lovely teenagers, at least according to a new report. Of course, one wonders how much of the worries about crime are partly a moral panic and partly based on hard, ugly reality (a bit of both, probably). Even so, Britain’s approach to crime, which involves massive use of surveillance technology to catch offenders, appears not to be all that much of a deterrent to certain forms of crime, although arguably it does mean that there is a slightly greater chance of catching people once a crime has been carried out (not much consolation for the victims of said, obviously).

I recently got this book on the whole issue of crime, state powers, surveillance and terrorism, by Bruce Schneier, who confronts the whole idea that we face an inescapable trade-off, a zero sum game, between liberty and security. Recommended.

Power without constraint

It is not just in the UK that the steady drum beat of the state encroaching on ancient liberties can be heard. There is some good discussion on 10 Zen Monkeys regarding the horrendous Military Commissions Act in the USA. However I do find the lack of concern about the effects on non-US subjects a bit disconcerting given the propensity of American courts to try and apply their laws extra-territorially.

Naturally these laws have been sold as only applying to The Bad Guys… just as RICO was sold as just being a tool to go after organised crime and yet it ended up being used again anti-abortion activists. Regardless of what the politicians say when they are selling a prospective law, once enacted, legislation gets used against anyone it can be used against, not just the targets intended at the time the laws is passed.

I must say that anyone without a US passport who is politically active and less than flattering about US government’s policies should serious reconsider taking that holiday in Florida or going to visit American friends.

“Power tends to corrupt,” but unfortunately not always

Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies, The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for own good will torment us without end, for they do so with the approval of their own conscience.

– C.S. Lewis

A lot of people have been talking to me about the pubs of Yeovil this week. Not because of my unwise enthusiasm when young for rough cider. But because of this, first covered at the beginning of the year:

Revellers in the Somerset town of Yeovil, often seen as Britain’s answer to the Wild West on a Friday and Saturday night, were this weekend getting to grips with a unique scheme which is more science fiction than Wild West. Customers entering the town’s six main late-night drinking and dancing joints were being asked to register their personal details, have their photograph taken and submit to a biometric finger scan.

That’s from a report in The Guardian in May, which went on to explain:

The clubs and Avon and Somerset police, who are supporting the scheme, argue that it is not compulsory. Nobody can be forced to give a finger scan, which works by analysing a fingertip’s ridges and furrows. However, the clubs admit they will not allow people in if they refuse to take part in the scheme.

But things have moved on. “Don’t like it? You can drink elsewhere. Let the market sort it out… let these awful surveillance clubs go out of business and free-wheeling ones thrive,” was my immediate reaction. It appears that was naive. While it may be “voluntary” for drinkers, it appears that it is not voluntary for pubs and clubs. Not any longer. The Register explains,

“The Home Office have looked at our system and are looking at trials in other towns including Coventry, Hull & Sheffield,” said Julia Bradburn, principal licensing manager at South Somerset District Council.

Gwent and Nottingham police have also shown an interest, while Taunton, a town neighbouring Yeovil, is discussing the installation of fingerprint systems in 10 pubs and clubs with the systems supplier CreativeCode. […]

The council had assumed it was its duty under the Crime and Disorder Act (1998) to reduce drunken disorder by fingerprinting drinkers in the town centre.

Some licensees were not happy to have their punters fingerprinted, but are all now apparently behind the idea. Not only does the council let them open later if they join the scheme, but the system costs them only £1.50 a day to run.

Oh, and they are also coerced into taking the fingerprint system. New licences stipulate that a landlord who doesn’t install fingerprint security and fails to show a “considerable” reduction in alcohol-related violence, will be put on report by the police and have their licences revoked.

The fingerprinting is epiphenomenon. What’s deeply disturbing here is the construction of new regimes of official control out of powers granted nominally in the spirit of “liberalisation”. The Licensing Act 2003 passed licensing the sale of alcohol and permits for music and dancing – yes, you need a permit to let your customers dance in England and Wales – from magistrates to local authorities. And it provided for local authorities to set conditions on licenses as they saw fit.

Though local authorities are notionally elected bodies, and magistrates appointees, this looked like democratic reform. But all the powers of local authorities are actually exercised by permanent officials – who also tell elected councillors what their duties are. And there are an awful lot of them.

Magistrates used to hear licensing applications quickly. They had other things to do. And they exercised their power judicially: deciding, but not seeking to control. Ms Bradburn and her staff have time to work with the police and the Home Office on innovative schemes. I’ve noted before how simple-sounding powers can be pooled by otherwise separate agencies to common purpose, gaining leverage over the citizen. I call it The Power Wedge.

They are entirely dedicated to making us safer. How terrifying. “A Republic?” said the Seagreen, with one of his dry husky unsportful laughs, “What is that?”

GIve me the foul air of corruption, if that is the only way I may be permitted to breath at all.

Henry Porter on civil liberties in Britain

Henry Porter, the British journalist, gave a lecture recently, which is reproduced in the Independent newspaper here, which lays out in trenchant terms the sheer magnitude of the Blair government’s assault on civil liberties. None of the broad points will exactly come as a surprise to regular readers of this blog but I link to it because it is a pretty good primer on the issue for those who have not thought much about this issue.

Here are a couple of excerpts:

There will be many reasonable people among you who will argue that the fight against terrorism or some other compelling problem makes the removal of a fragment of liberty the best option available to us. A little bit here, a little bit there doesn’t really matter, particularly when it involves somebody else’s rights. Without thinking very deeply, we say to ourselves “if you’ve done nothing wrong you’ve got nothing to fear from these new laws”. Not true. There is something to fear – because someone else’s liberty is also your liberty. When it’s removed from them, it’s taken from you even though you may not be able to conceive of the circumstances when you might need it. A system of rights must apply to bank managers, illegal immigrant cockle pickers and every type of defendant otherwise it doesn’t count.

I worry that we are not alert to the possibilities of social control. No matter how discreet this surveillance, it increases the spectral presence of the state in the everyday consciousness of each individual. I grant that it is a slow process and that it is nothing like the leaden omnipresence of the Stasi in the GDR. But I think we’re heading for a place from which we will not be able to return: the surveillance society where the state will crowd in on the individual human experience and threaten the unguarded freedoms of privacy, solitude, seclusion and anonymity. We may continue to attest to the feeling of freedom but in reality we will suffer more and more restrictions. Inexorably we are becoming subjects not citizens, units on a database that may be observed and classified by a Government which is taking control in areas where it has never dared in democratic times to trespass before.

I like the way that Porter directly confronts the nonsense ‘argument’ that “only the guilty have anything to fear” line that one hears being trotted out in favour of things like abolition of Habeas Corpus or eroding the presumption of innocence in the Common Law. This is a fine article that deserves to be widely read. At the end, Porter recommends, among other things, a wholesale effort to teach children about how the laws protecting liberty were acquired, and why they were acquired, in the first place. For it is in its attempts to obliterate history, or make us feel deeply ashamed of it, that the real menace of New Labour’s modernisation obsession first revealed itself. It may strike some critics of libertarianism as paradoxical, given that libertarians are usually seen as fans of modern life, that any defence of freedom must be steeped in an understanding and appreciation of history, including the Classics. Perhaps our modern legislators would be far less of a menace if they had bothered to study the speeches of Pericles or Cicero.

Free speech under corporatism

You can guess the context.

10 October 2006

Dear Sir or Madam,

YOUR ADVERTISING

We investigate complaints to ensure that non-broadcast marketing communications comply with the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code), prepared by the Committee of Advertising Practice (CAP). We also investigate complaints to ensure that television and radio advertising complies with the CAP (broadcast) Codes.

We have received the attached complaint about your national press ad (copy enclosed) and we welcome your help to resolve it. If the copy is incomplete, please send us a complete version. If the copy is difficult to read, please send us a better copy.

Please also check your company name and address details at the top of the complaint notification. If they are incorrect, please let us know.

We shall consider the complaint in particular under Clause 5.1 of the Code (copy enclosed). You should be aware that marketing communications must comply with all other relevant clauses, among which are the attached underlying principles. A copy of the 11th edition of the Code may be obtained from the CAP website, www.cap.org.uk or the ASA website, www.asa.org.uk.

The Code requires marketers to hold documentary evidence for their claims before submitting an ad for publication. Please give us all the substantiation and information you would like us to have. Although it is for you to decide what to submit, you will need to comment on the complainants’ specific objection as outlined in the attached complaint notification. We shall be happy to receive anything else you think is relevant.

Please let us know whether the material to which this complaint relates was prepared/handled by you or by another company on your behalf and, if so, which company. If you have used an agency, please tell us its name. Please let us know what plans you have for future use of your ad. Can you provide us with a media schedule?

If the ASA Council upholds the complaints, its ruling might affect the acceptability of the same or similar claims/advertisements appearing in other media, including broadcast. We are telling you this now so you are aware of the potential ramifications of this investigation. Please let us know whether the same or similar claims are made or are to be made in advertisements in other media, including broadcast.

Our Complaints Procedure leaflet is enclosed.

The ASA’s effectiveness depends on resolving complaints fairly and swiftly. An unreasonable delay in responding to our enquiries may be considered a breach of the Code. So that we can conclude this matter as soon as possible, please respond in writing, preferably by e-mail to […..], within five working days. If you need more time please let us know. If you are not the right person to deal with this letter please tell us and pass the letter on to someone who is. If we do not receive a reply within five working days from the date of this letter, we shall submit to the ASA Council a draft recommendation upholding the complaint. [My emphasis]

Thank you for your co-operation. We look forward to hearing from you by 17 October.

Yours sincerely

[…………]
Investigations Executive

cc: [Newspaper]
bcc: NPA [=Newspaper Publishers Association]

Yes; they did disclose the “bcc”. The accompanying leaflet sets out the complaints procedure. It ends, inevitably, on a minatory note:

Most advertising parties act quickly to amend or withdraw their ad if we find it breaks the codes. The ASA acts against the few who do not. Broadcasters’ licenses require them to stop transmitting ads that break the codes and we can ask publishers not to print ads that dont meet the rukes. Other sanctions exist to prevent direct mail that breaches the code from being distributed and to reduce the likelihood of posters appearing that breach the codes on taste and decency and social responsibility grounds.

Ultimately, we can refer non-broadcast advertisers who persistently break the CAP Code to the Office of Fair Trading for legal action under the Control of Misleading Advertisement Regulations. Broadcasters who continually air ads that break the codes can be referred to Ofcom, which has the power to fine them or even revoke their licence.

Which law would you like to break?

Economist Bryan Caplan has posed the question: which law would you like to break? I guess, that being a libertarian kind of guy, he favours giving the finger to those laws that do not protect life and property but instead regulate our behaviour for our own good.

So, it being the start of the weekend, I shamelessly steal Bryan’s idea and pose this question to the Samizdata hordes: which law would you like to break? And also, why?

Some celebrity opposition to ID cards

Just so you all know, and in case even Guy Herbert missed it, Joanna Lumley (who played the crazy blonde who lived on vodka in Ab Fab) has just said, on the Graham Norton show (BBC1 TV):

“Prepare my cell now, because I shall not have an ID card.”

She also took a swipe at surveillance cameras, and anti-smoking laws, and the fact that you cannot get within a mile of Number Ten to say boo. To quite enthusiastic applause. I would not imagine that this means very much, but it presumably means a little.

joanna_lumley_abfab.jpg

The lessons the world must learn from New York’s Plibble crisis

“Teach you I cannot, my young Padawan.” As a science fiction reader I am used to meeting strange words and either guessing their meaning through context or not guessing and enjoying the story anyway. So I was only slightly hampered when reading a story in yesterday’s Times headlined “New York Mayor fights drain of IPOs to London” by my complete ignorance of what an “IPO” is and the complete failure of the story to enlighten me. You can tell me all about it in the comments if you must, but as far as I am concerned “eye-pee-oh” could be replaced by any other sequence of sounds, such as snurg-ah-poog or plibble. Plibble it is. Plibbles must be pretty nice things, because the mayor of New York is so concerned that all the plibbles New York used to win (apparently plibbles are things you win) now being won by London that he has appointed management consultants to investigate causes and possible remedies for the Great Plibble Crisis. Concern has focused on the fact that since the passing of the Somebody-Whatsit Act, London has gained a 26.4 per cent share of the global plibbles. Hurrah for London, I think. New York’s problem is that doing whatever you have to do to comply with the Somebody-Whatsit act before you can get your plibbles is one big hassle. So the plibbles go somewhere else.

Blimey, I could have saved Mayor Bloomberg a packet on consultancy fees and I still have no idea what a plibble is.

Come to think of it, anyone could work out that if plibble-getting is made tedious and expensive in your country then plibbleseekers will get their fun somewhere else.

Even if you do not know your plibbles from your twogbots.

Country music entertainer in drug bust poses the usual questions

On the pipe again!
I can’t wait to get back on the pipe again.
I’ve got some mushrooms for my friends
But I just can’t wait to get back on the pipe again.

On the surface the story that veteran country singer Willie Nelson has been arrested for marijuana possession is nothing more then a bit of comic relief. Especially when you read that his sister Bobbie was arrested as well. One visualises these people, well into their 70’s in age, sitting round the camp fire, having a puff, tripping out on a few pharmaceutical mushrooms, and polishing their ‘geriatrics for grass’ buttons.

It is all rather ludicrous. However, even though I care little for country music and even less for marijuana, my own feeling is, well, good on them; people that get to their ‘Golden Years’ are entitled to as much enjoyment in life as the rest of us, after all.

However, we are not talking about your everyday geriatrics here. This is not your Aunt Mabel pottering around her back yard, but a popular entertainer who has a history of political causes behind him, and is by no means inactive in politics even at this late stage of his career.

Before the bust, the Farm Aid founder and his band were in his native Texas to headline Saturday’s Austin City Limits Music Festival. Nelson gave an interview there in which he urged politicians to scrap criminal penalties for pot possession.

Those sentiments echoed the platform of his pal Friedman, a singer-songwriter turned politician who’s mounting an independent bid for Texas governor and has called on the decriminalization of marijuana to help clear clogged state prisons of nonviolent offenders. Nelson has actively supported Friedman’s candidacy, hosting a $1,000-per-plate fundraising dinner and signing a petition to get Friedman on the ballot.

“The hundred times that Kinky and I have talked during his campaign – we talked about energy, health, biodiesel, immigration, war – and the pot thing has never come up. Of course, I felt always that I knew where Kinky stood on that, and he knew where I stood, but I also knew that it was very risky to bring that out politically, but what’s Kinky got to lose?” Nelson said.

Louisiana police will deny that they are in any way trying to ‘send a message’ but in their latest arrest of the country music legend, they have done nothing but highlight the utter uselessness of drug laws. That these laws are useless is as well known as the fact that the sky is blue and the sun rises in the east. Yet to get anywhere in reforming them, Nelson has to throw what prestige he has behind an oddball candidate like ‘Kinky’ Friedman.

What is wrong with this picture?

Eat free or die!

London calling! London calling! Reports are coming in of growing resistance to the brutal occupation of the Food Nazis:

Pupils at a South Yorkshire school are being fed fish and chips through the gates by parents who say the canteen is not providing what their children want…

The move is being seen as a backlash against TV chef Jamie Oliver’s campaign for healthy school dinners..

“We aim to provide good quality food which is within government healthy eating guidelines and helps the children’s learning in the afternoon “…

“The food that these parents are handing out is not part of a healthy eating diet and on top of that I have to question the morality of delivering it from the grounds of a cemetery.”

Smuggling food into prisoners is a time-honoured practice but I have to admit that the cemetery angle is cool. They may need to start digging tunnels though.

Hopefully, this is a ‘line in the sand’; a message from the public to the ruling class paternalists and busybodies that their food fascism is an intervention too far.