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]

“The regulatory superpower at work, protecting 300m people from the terrors of Google maps”

Tim Newman, making sure that the EU’s work is appreciated as it should be:

The “DMA” to which Pauline refers is the EU’s Digital Markets Act. There is more commentary from Kevin A. Bryan here.

Samizdata quote of the day – possible signs of change at Davos edition

“There were no marches for Adam Smith or posters of Milton Friedman at Davos this year, but the applause for the combative defense of free markets by Argentina’s new libertarian President Javier Milei was more than polite. Citing the contrast between ages of stagnation and the miracle of accelerating progress in the modern era, Mr. Milei reminded his audience that `far from being the cause of our problems, free-trade capitalism as an economic system is the only instrument we have to end hunger, poverty and extreme poverty across our planet’.”

Walter Russell Mead, WSJ ($)

A couple more from the paywalled article:

His words resonated because, as one heard in panel after panel, the empirical foundations of the fashionable statist view appear to be crumbling. For now at least, the China miracle seems to be over. Beijing isn’t only suffering one economic shock after another. Its worst problems—demographic decline, a property bubble, overinvestment in manufacturing, and fear of arbitrary state actions against both foreign and domestic businesses—are the result of government planning gone wrong. As China doubles down on repression, its economic problems get worse.

Fifteen years after the financial crisis, meanwhile, tightly regulated Europe has fallen behind the U.S. Using chained 2015 dollars to minimize the effect of currency fluctuations, total European Union gross domestic product in 2008 was 81% that of the U.S. In 2022 it was 73%, hardly an argument for the European way.

The final point is a good one. These days, only the more ardent fans of the Brussels machine really claim that EU membership has had, or could have, a transformational impact on economic growth. That argument, to the extent it made sense, is a dead letter.

Samizdata quote of the day – the EU’s selective affinity to the rule of law

Donald Tusk sends riot police to purge media of critical journalists – and suddenly the EU has nothing to say about the ‘Rule of Law’

Will Jones

Yes, Leave voters probably were on average less intelligent than Remain voters

If the philosopher A. C. Grayling ever had ambitions to stand for elected office, this tweet will have killed them stone dead:

As usual, here is the text of that tweet in case it disappears:

A C Grayling #FBPE #Reform #Rejoin #FBPR
@acgrayling
U of Bath study: “only 40% of people with the lowest cognitive ability voted Remain, while 73% of those with the highest cognitive ability voted Remain…people with lower cognitive ability and analytical thinking skills are more susceptible to misinformation and disinformation”.
10:23 PM · Nov 23, 2023

The replies, unsurprisingly in this egalitarian age, are overwhelmingly hostile. But since I, like Professor Grayling, have no political ambitions, I can admit that he is probably right. It would be a strange chance if the average IQs of Leave and Remain were perfectly equal. If they were not equal, one group had to be cleverer on average. Because I assume that people usually vote in their class interests, I assume that the cognitive elite, whose intelligence usually translates well into wealth and prestige, voted to perpetuate the status quo. Alas for them, the lesser folk also had a vote and had a pretty good inkling that it was not a good idea to remain under the increasingly immovable rule of a class of people who despised them.

While Professor Grayling’s first sentence is probably true, the three little dots that he put between the claim that the stupider-on-average (can I stop adding the “on average” now?) people voted Leave and the conclusion that they did so because they were particularly susceptible to disinformation are doing so much work that they ought to bring a claim under the EU Working Time Directive.

I was about to quote Orwell’s line about “There are some ideas so absurd that only an intellectual could believe them” when a fortunate burst of insecurity led me to check the quote and find out that Orwell never said it; it was Bertrand Russell. Clever bloke, Russell. Also frequently a twit, though capable of being embarrassed by his own previous excesses. Whoever said it, it’s true. It is proverbial among those who study scams that the easiest people to scam are those who think they are too clever to be scammed.

Edit 27/11/2023: In the comments, Rich Rostrom has supplied the phrase with a very similar meaning that George Orwell actually did say, namely “One has to belong to the intelligentsia to believe things like that: no ordinary man could be such a fool.” It occurs in Orwell’s 1945 essay “Notes on Nationalism”. Change a few words and the whole paragraph could be re-used today:

“It is, I think, true to say that the intelligentsia have been more wrong about the progress of the war than the common people, and that they were more swayed by partisan feelings. The average intellectual of the Left believed, for instance, that the war was lost in 1940, that the Germans were bound to overrun Egypt in 1942, that the Japanese would never be driven out of the lands they had conquered, and that the Anglo-American bombing offensive was making no impression on Germany. He could believe these things because his hatred for the British ruling class forbade him to admit that British plans could succeed. There is no limit to the follies that can be swallowed if one is under the influence of feelings of this kind. I have heard it confidently stated, for instance, that the American troops had been brought to Europe not to fight the Germans but to crush an English revolution. One has to belong to the intelligentsia to believe things like that: no ordinary man could be such a fool.”

A related point was made by Dominic Cummings in his famous “Frogs before the storm” blog post:

“Generally the better educated are more prone to irrational political opinions and political hysteria than the worse educated far from power. Why? In the field of political opinion they are more driven by fashion, a gang mentality, and the desire to pose about moral and political questions all of which exacerbate cognitive biases, encourage groupthink, and reduce accuracy. Those on average incomes are less likely to express political views to send signals; political views are much less important for signalling to one’s immediate in-group when you are on 20k a year.”

Samizdata quote of the day – the single greatest threat to free speech in Europe

“The #DSA (Digital Services Act) is here to protect free speech against arbitrary decisions.” So said Thierry Breton, EU’s Internal Market Commissioner, in a recent tweet. Given the extraordinary level of discretion this Act gives the European Commission to pressure online platforms to enforce vaguely defined “hate speech” and “disinformation” rules, one might reasonably take issue with Mr Breton’s self-presentation as a guardian of free speech. Indeed, it would be no exaggeration to say that the Digital Services Act is the single greatest threat to free speech in Europe since the formation of the European Economic Community in 1957.

David Thunder

The BBC frequently does tell people “who to support and who to condemn”

Four days ago John Simpson of the BBC wrote this article, “Why BBC doesn’t call Hamas militants ‘terrorists’ – John Simpson”, in which he said, “It’s simply not the BBC’s job to tell people who to support and who to condemn – who are the good guys and who are the bad guys.”

It may not be in its job description – it may be contrary to its job description – but the BBC tells people who are the good guys and who are the bad guys all the time. Here is why I know that. For several years I was one of the contributors to the “Biased BBC” blog, which in those days was on Blogspot but now is at https://biasedbbc.tv/. Eventually, I gradually stopped posting there due to a combination of burnout and the political centre of gravity of the blog having moved away from my own views. But before that there was a period of years when I used to post some example of BBC bias almost every day. People would send them in, or I would see them myself. And there was never a day when I could find no example to cite; there were only days when I did not post because I was doing something other than the damn blog.

As an exercise in nostalgia, yesterday morning I clicked on the BBC News website to see what I could see. And, just like the old days, I found something immediately. (I did not post it then because during the day I was doing something other than the damn blog.)

Like John Simpson, Katya Adler, the BBC’s Europe editor, is a veteran BBC journalist who has done much good work. I’m sure she thinks of herself as impartial. I am sure that she genuinely did not see the words I am about to quote as endorsing or condemning any particular view. The article concerned is headlined “Polish election: Expected political earthquake delights Brussels”, and it includes the words:

“In Poland’s case, Brussels withheld billions of euros of funds, pointing at the Polish government taking away women’s rights over their own bodies by virtually outlawing abortion, and threatening the independence of the judiciary and press freedom too by taking hold of the state broadcaster.”

The line about Polish politics is expressing an opinion. The line about abortion is expressing an opinion. Can a professional journalist like Ms Adler conceivably be unaware that the phrase “taking away women’s rights over their own bodies by virtually outlawing abortion”, assuming as it does that the foetus is merely part of the woman’s body, firmly takes one side in the abortion debate? The answer is yes, she can be unaware of it, because she is a well-connected, well-educated member of the more intellectual segment of the British upper middle class, who spends most of her time with colleagues of a similar background to herself. She joined the BBC in 1998. At that time the only major newspaper that carried BBC job adverts was the Guardian.

It could be worse. The British chattering classes are often silly and vain, but those who rose to prominence in the 1970s, 80s and 90s still have much of the liberal ethos of their parents in them. They want to believe, and so they do believe, that the rest of the world shares their kindly liberal values. They particularly want to believe that all their colleagues in the BBC World Service are “BBC people” in the same sense they are.

This belief is false.

Since John Simpson posted his piece, it has come out that several of the BBC’s Arabic language correspondents felt it was their job to “tell people who to support and who to condemn”, and the answers were “Hamas” and “Israel” respectively: “BBC reporters in the Middle East appear to justify killing of civilians by Hamas”

Mahmoud Sheleib, a BBC News senior broadcast journalist, tweeted suggesting that young Israelis were effectively combatants.

“[I see] In front of me on Al Jazeera, their so-called civilians are standing armed alongside the police and shooting because they basically don’t have any civilians among the youth. This is what the ignorant often don’t know. I am in favour of fighting them with love, yes, this is the solution.” Followed by a laughing emoji.

The Cairo-based journalist also took part in a Twitter conversation in which he joked about a woman whose grandmother was abducted by Hamas receiving an “inheritance”.

Aya Hossam,who describes herself as a broadcast journalist at BBC Arabic, liked a tweet saying: “Every member of the Zionist entity served in the army at some point in his life, whether men or women, and they all had victims of explicit violations… This term “civilians” applies to the animals and pets that live there and they are not seriously at fault.”

She later retweeted a message which included the phrase “the Zionist must know that he will live as a thief and a usurper”.

Hossam is a freelancer, but Sheleib is a senior correspondent.

Those two were not the only ones. Sally Nabil, Salma Khattab, Sanna Khoury and Amr Fekry were four more examples of BBC journalists happy to take the side of Hamas in public. Their BBC colleague Nada Abdelsamad was particularly enthusiastic:

Nada Abdelsamad, a Beirut-based programmes editor at BBC Arabic, retweeted a video of Israelis hiding in fear entitled: “settlers hiding inside a tin container in fear of the Palestinian resistance warriors”. This came with a hashtag translated as “promise of the hereafter”, a quranic reference to killing of the Jews.

A Lamborghini tractor at the gates of Downing Street

“If we don’t learn from the Dutch eco quagmire we might end up with Farmer Clarkson as PM”, warns the Times.

Jeremy Clarkson is a bit too much of a Remainer for my political tastes, but we could do a lot worse. But Robert Colvile’s article is not really about Britain’s most famous petrolhead. It is about the slow but relentless growth in the scope of a law for which nobody voted, Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora, a.k.a. the “EU Habitats Directive”.

This was designed to protect and restore rare species and conservation sites. One thing they needed protecting from was nitrogen pollution.

In November 2018 the European Court of Justice ruled (after a referral from the Netherlands) that any “plans or projects” near such sites were permissible only if there was “no reasonable scientific doubt as to the lack of adverse effects”.

In other words, before you could build a house or spread fertiliser on a field, you had to prove it would not increase nitrogen emissions. Which you couldn’t.

This ruling — known as the “Dutch case” — triggered the nutrient neutrality crisis, which is blocking an estimated 145,000 new homes in England.

But in the Netherlands the results were even more dramatic. The country’s highest court quickly suspended 18,000 construction projects and ordered drastic cuts in nitrogen emissions. Given that 46 per cent came from cow dung, MPs proposed halving the number of cattle. Which led to outraged farmers blockading roads with tractors, and the formation of a new party, the Farmer-Citizen Movement. Which is now well ahead in the polls.

As the article points out, Brexit has not prized the UK loose from these laws, although it has made it less inconceivable that one day we might be.

Above all, this story illustrates the dangers of the precautionary principle at the heart of EU law, and in particular our interpretation of it. This principle holds that before you do anything, it must be proved to be absolutely safe.

In the nitrogen ruling, the language about “no reasonable scientific doubt” set an extraordinarily high bar. One that drove Natural England to unilaterally halt the construction of 145,000 desperately needed houses across 74 council areas, because there was a risk of nitrogen from flushed lavatories running into rivers — even though planning permission had already been granted, and the homes would be responsible for only a fraction of local pollution.

What’s striking is the absolute nature of such decisions. There is no evaluation of trade-offs, no way to argue that, yes, we need to protect rivers, but also to build homes and fill bellies with crops. The Economist notes that the Netherlands’ environmental rules have imposed “wide-ranging restrictions on new economic activity”. Same here.

For many Brexit campaigners, the hostility to innovation embedded in the precautionary principle — for nitrogen emissions, read gene-editing, or AI — was a key justification for leaving. But the poison has entered our bloodstream.

The commoners go off script

MARULLUS:

Be gone!
Run to your houses, fall upon your knees,
Pray to the gods to intermit the plague
That needs must light on this ingratitude.

FLAVIUS:

Go, go, good countrymen, and for this fault
Assemble all the poor men of your sort,
Draw them to Tiber banks, and weep your tears
Into the channel, till the lowest stream
Do kiss the most exalted shores of all.

All the Commoners exit.

See whe’er their basest mettle be not moved.
They vanish tongue-tied in their guiltiness.
Go you down that way towards the Capitol.
This way will I. Disrobe the images
If you do find them decked with ceremonies.

The tribunes Marullus and Flavius confidently sent the rude mechanicals off with their tails between their legs in Act I Scene I of Julius Caesar. Their modern successors, lacking the power to have people sewn into a sack and thrown in the Tiber, are finding it a little more troublesome to bring about a suitable attitude of repentance in the populace.

“The Brexit Question Time’s audience backs up what our survey found: no regrets” is the slightly exaggerated headline of an article in the Guardian by Professor Anand Menon and Sophie Stowers of the academic think tank “UK in a Changing Europe”.

A majority of leavers feel they had all the information they needed to make a decision in 2016. And a plurality think that they had sufficient information from both sides of the referendum campaign to make an informed decision. What they resent is the fact that political leaders have not capitalised on the sovereignty for which they voted; 39% of them think politicians have not even tried to make Brexit work.

Yet while they are frustrated, leavers did not expect instant results. A quarter of them think not enough time has passed to judge whether Brexit has gone well or badly; 61% think Brexit will turn out well or very well in the future. There was a sense among those in the audience last night that they did not expect to wake up on 24 June 2016 in a whole different Britain. Rather, Brexit is an ongoing process that, while politicians have messed it up to date, still holds the promise of greater successes to come.

So, it should come as no surprise that many – including most of those in Clacton last night – still back the decision they made in 2016. In our survey, 72% of 2016 leave voters, knowing what they do now, would still vote as they did.

The real test is tiddlywinks

When you lose the big match, try to get the result declared void and run the match again. If you can’t get a rematch, try another game entirely and say that’s the one that matters.

“Citizens’ juries can help fix democracy”, writes Martin Wolf in the Financial Times.

Elections are necessary. But unbridled majoritarianism is a disaster. A successful liberal democracy requires constraining institutions: independent oversight over elections, an independent judiciary and an independent bureaucracy. But are they enough? No.

Thus far, I agree with him. For a moment I thought he was going to defend the rights of individuals against the tyranny of the majority. At one point in his life he would have done.

In my book, The Crisis of Democratic Capitalism, I follow the Australian economist Nicholas Gruen in arguing for the addition of citizens’ assemblies or citizens’ juries. These would insert an important element of ancient Greek democracy into the parliamentary tradition.

There are two arguments for introducing sortition (lottery) into the political process. First, these assemblies would be more representative than professional politicians can ever be.

If your aim is to bypass professional politicians and improve representation, there is a better way than that to do it. With this method you don’t have to worry about how well or badly your representatives represent the population in terms of age, class, sex, race and so on. You can have perfect representation by cutting out the middleman and asking the voters themselves. It’s called a referendum. We have had several. The only slight caveat is that people expect the government to abide by them.

Second, it would temper the impact of political campaigning, nowadays made more distorting by the arts of advertising and the algorithms of social media.

A modest way to do this is to introduce citizens’ juries to advise on contentious issues. These juries would be time-limited, compensated for their time and be advised by experts.

Experts chosen by you.

One of the best examples was on the vexed topic of abortion in Ireland. A deliberative assembly of 100 people, made up of one appointed chair and 99 ordinary people chosen by lot, was established in 2016. It advised the Irish parliament on abortion (coming out in favour of “repeal and replace” of the ban then in force), and on the question to be put to the people in a referendum.

There are other difficult issues that might be (or might have been) handled in such a way: carbon taxation; nuclear power; and immigration. In these cases, a citizens’ jury would be empanelled to listen to witnesses and discuss the issues in depth. There is evidence that such a citizens’ jury would have come to a different decision on Brexit

Who could have seen that coming?

than in the referendum, since Leavers will change their minds in response to the evidence.

Evidence supplied by you.

This fad for citizen’s juries started six years, eleven months and ten days ago and will last as long as they can avoid convening one to give its verdict on what to do with illegal immigrants. With astute management, that might be years. We might be able to celebrate the triumph of the shiny new Citizen’s Juries and the abolition of the nasty, bigoted old sort of jury simultaneously.

Nigel Lawson, RIP

I am saddened to read that Nigel Lawson, former UK Chancellor of the Exchequer, and an articulate advocate of the UK’s departure from the EU (and also a rigorous debunker of global warming catastrophism), has died at the grand age of 91. My condolences to his family and friends.

It is ironic that he fell out with Mrs Thatcher in the late 80s over the issue of the UK joining the Exchange Rate Mechanism in Europe. He was opposed to the euro, but saw ERM entry as a necessary way for the UK to try and control inflation. In that sense he was a fixed-exchange rate man, and in the 19th century he’d have been a Gold Standard defender, I suspect. In the end, he was at one with Mrs T. on the dangers of a centralising Europe. And of course, in his time at 11 Downing Street, he cut top rates of tax and simplified the system dramatically. Alas, his successors haven’t continued that trend. Lawson was also the intellectual driving force behind privatisation of state-owned businesses, and while arguably not enough was done to promote competition, the overall benefit in my view was considerable.

His speech explaining why the UK had to leave the EU remains, in my mind, one of the most brilliant and succinct explanations for why this was the right course. He focused, rightly, on the issues of democratic accountability and freedom.

Right to the very end, his mind was as sharp as those of all too many in power are blunt.

That EU “chat control” thing is still out there

Remember EU “chat control”? It’s growing, putting out roots.

The author of this Twitter thread, Matthew D Green, teaches practical cryptography at the Johns Hopkins Information Security Institute. You should read the whole thread, but I will single out this point as particularly scary:

Green is replying to someone with the user name f00b4r who offers as reassurance the statement that nothing will be done without a “detection order” issued by a competent authority. I have no doubt the paperwork will be in order, but that does not reassure me. Likewise, the idea that “that service providers are not liable for the content if they comply” is phrased by f00b4r as if it softens the threat, but so far as I can see it is the threat: comply or be made bankrupt.

Perhaps we had all better trust in the fact that the United Kingdom has left the European Union so none of this cannot possibly affect us. I’m sure we’ll be fine.

EU “chat control”

Let me start by saying that I am no techie and I do not understand exactly what the EU are proposing with this law. Perhaps I am getting steamed up about nothing. But it sounds horrible. I first read about this topic via a link from Reddit Europe to a post from the blog of a Swedish VPN service called Mullvad. The original Swedish version first appeared as an article in the Swedish newspaper Svenska Dagbladet. The English version follows: “Stop the proposal on mass surveillance of the EU”

The European Commission is currently in the process of enacting a law called Chat control. If the law goes into effect, it will mean that all EU citizens’ communications will be monitored and listened to.

This text was originally published as a debate article in the Swedish newspaper Svenska Dagbladet and it calls on Swedish politicians to vote against the law proposal. In order for the law to not become reality, more countries need to vote against it. Therefore, we encourage journalists and citizens in all EU countries to question their governments and urge them to vote no.

Right now, the EU Commission is intensely working on a legislative proposal that would monitor and audit the communication of all European Union citizens. The regulation is called Chat Control, and it really does include all types of communication. This means that all of your phone calls, video calls, text messages, every single line that you write in all kinds of messaging apps (including encrypted services), your e-mails — yes, all of this — can be filtered out in real time and flagged for a more in-depth review. This also applies to images and videos saved in cloud services. Basically, everything you do with your smartphone. In other words, your personal life will be fully exposed to government scrutiny. So, why is it that almost no one is talking about this?

The previous day the same Mullvad blog had warned that an unintended consequence of the bill might have been to ban all open source operating systems, although an update says that “Open source OSes might be saved from being covered depending on the interpretation of EU regulation 2019/1150 2.2.c.” Well, that certainly puts my mind at rest.