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]

Samizdata quote of the day

BBC should be abolished, not because of blatant bias but because the whole idea of a state broadcaster was a terrible idea on day 1 of the BBC’s existence. And in the internet age, it is now an anachronistic bad idea. Bin it entirely or at least make it voluntary subscription

– Perry de Havilland

I seek a software or sporting metaphor to explain why a second referendum would be wrong

When discussing Brexit I am often asked, not always disingenuously, “What is so wrong with having another referendum? Is not another vote more democratic by definition? Now that we know more, isn’t a good idea to check if people really do want to leave the European Union?”

I have been trying to think of a metaphor to explain what my objection to a second referendum is. The non-metaphorical explanation is that the government solemnly promised in the pamphlet sent to every household that whatever people voted for in the referendum of 23rd June 2016, “the government will implement what you decide”. A so-called democracy that will not allow certain results is a sham democracy.

(“Buuut,” comes the cry, “we aren’t disallowing any results. We’re just checking.”)

It was the European Union’s habit of ignoring or repeating referendums that gave the “wrong answer” which more than anything else turned me against it. I can truly say that even when it was in its infancy I foresaw that the trick of making a few cosmetic changes then running the referendum again would work devilishly well because it is difficult to describe in one sentence what is wrong with it. One can point out that it only ever seems to work one way: results of which the EU approves never seem to need to be confirmed. But to do that requires that you recite a whole chunk of history about Denmark and Ireland and the difference (clue: there wasn’t one) between the European Constitution and the Lisbon Treaty. If your interlocutor is young, as a lot of Europhiles are, then this is a lot to take in and a lot to take on trust.

I wish there were a quick, engaging story I could tell to show what I mean. Two possible types of anecdote occur to me, one from the world of sport and one from the world of computers. Being ignorant of both fields, I would like to ask readers if they know of anecdotes or examples from sporting history or computery stuff which would fit the bill.

Computers first: it infuriates me when the efforts of Microsoft or Samsung to get me to adopt their proprietary software seem almost to amount to harassment. I have a Samsung phone. One day this crappy thing called “Samsung internet” appeared on the front screen or whatever it’s called. I don’t recall that I ever asked for it but I cannot make it go away. To be honest I probably did ask for it in the sense that I once, once, failed to reject it on some occasion when some damn prompt asking me to take it popped up and I had to get rid of the pop-up quickly in order to get on with whatever I wanted to do.

That anecdote is probably wrong in its terminology. I may have been overly harsh to Samsung or its internet. The point is that this type of situation, where the user has to keep rejecting something that the software company is pushing, and if they slip up just once they are deemed to have accepted it, is widely recognized to be a right pain. Can anyone give me the words to make this a metaphor for why “neverendums” are a bad thing?

Or what about an example from the history of sport? Little though I know about sports, even I can see that there can be few things more frustrating for an athlete than to run the race of your life – and then have it announced that, “Oh, sorry, old chap, that was a false start. We’ll have to run it again.” This would be even worse if it were suspected that the sporting authorities had applied the rules in a partial manner. For instance there may have been times when white athletics officials were more prone to declare that a re-run was necessary if a black athlete won than if a white athlete did.

I may have described a similar situation regarding football in an earlier post I cannot find now.

Has this scenario actually happened? Dates, names and places please!

And if you know as little as I do of those two fields, how do you make the argument against a second referendum?

Or, if you prefer, what stories, anecdotes or metaphors do you use to argue in favour of a second referendum?

Samizdata quote of the day

To a great extent, the threat to free speech posed by iPlod will depend upon how its employees exercise their discretion and whether they’re politically neutral. Unfortunately, it will be staffed by the same sort of quangocrats that run the Advertising Standards Authority, the Equalities and Human Rights Commission and Public Health England, and we know from experience that these busybodies will use whatever powers they have to extend the reach of the nanny state. That nearly always involves enforcing left-wing orthodoxy, whether consciously or not.

Toby Young

Samizdata quote of the day

Canute’s point wasn’t that he could control the tides and waves. Rather, that fawning courtiers needed to learn the lesson of the limit to State competence. A thousand years later we’re still waiting for the lesson to sink in.

Tim Worstall

What do people think of Open Rights Group?

The White Paper expresses a clear desire for tech companies to “design in safety”. As the process of consultation now begins, we call on DCMS to “design in fundamental rights”. Freedom of expression is itself a framework, and must not be lightly glossed over. We welcome the opportunity to engage with DCMS further on this topic: before policy ideas become entrenched, the government should consider deeply whether these will truly achieve outcomes that are good for everyone.

– remarks by Jim Killock and Amy Shepherd on the ORG site.

Seems to me that ORG thinks the ‘Online Harms Strategy’ just needs to be written better rather than the very notion of the government poking its nose into the internet is an abomination that needs to die in a fire. I have not followed the ORG closely, so am I being unfairly critical? Perhaps I am just allergic to the incredibly dangerous ‘positive rights’ language I see in some ORG articles. Opinions?

Enemies everywhere

Lovers of liberty are surrounded by enemies. Paul Marks posted a video by tech and social commentary YouTuber Computing Forever explaining possible consequences of yesterday’s votes on articles 11 and 13 of the EU Copyright Directive. I am also fond of the gaming YouTuber ObsidianAnt, who is less certain but still worried.

It is unclear how this directive will be implemented, but it seems awfully unpleasant. Even if this is not the end of the Internet, regulations have ratcheted a little bit more and there is no sign of any future change in direction. At best, life will be made harder for small content creators and innovation will be stifled. YouTube, I suspect, will make a minimum effort to implement tougher content filters which will annoy the big channels and kill off marginal smaller ones. Google will pay the occasional big fine since the system will be impossible to implement perfectly. Some other content sharing platforms will exit the EU or be killed off. All kinds of unseen new things will never come to be. To some extent rules like the link tax will be ignored and not enforced, except against people who are sufficiently unpopular. To some extent people will work around the directive, and in response the EU will try to tighten regulations further.

This is a great example of just how hard it is for grass roots efforts to change the minds of the European Commission. Years of campaigning could not stop the directive. I can not imagine any way the direction of travel can be reversed. The EU is making a really good case for Brexit.

On the other hand, when asked, the British government responded: “We support Articles 11 and 13, which seek to ensure creators and producers are rewarded when their works are used online, but agree they must include safeguards for freedom of expression.” I do see any sign of safeguards. Will the UK government now refuse to implement the directive during the transition period? Boris is against it, at least.

Meanwhile, some more EU plans are afoot to fit cars with speed limiters and black boxes. “The Department for Transport said the system would also apply in the UK, despite Brexit.”

The British government may not be much better for liberty than the EU and in some cases may be worse, but I can at least imagine how it might be possible to change it. I think we need to get out of the EU so we can concentrate on opposing opponents of liberty in Westminster. Perhaps in a few weeks we will have some idea how close a prospect that is.

The EU just destroyed the internet…

For your information…

The European Union has passed Articles 11 and 13 of the Copyright Directive. How can this be reversed?

The European Parliament has voted in favour of Article 13, reports Wired:

European politicians have voted to pass Article 13 and Article 11 as part of sweeping changes to regulation around online copyright. The European Parliament passed the legislation by 348 votes to 274.

As Guido put it, “348 MEPs you’ve never heard of overruled 278 MEPs you’ve also probably never heard of. So much for all that democratic accountability Remainers like to go on about…”

Previous relevant posts:

Anyone know how the new EU internet censorship & link tax law will affect the UK? June 13 2018

Two days before the EU (probably) votes to end the free internet. Should we care? June 20 2018

EU votes yes to copyright reform, also June 20 2018

Those MEPs, eh? September 14 2018

And just to show that Samizdata has been warning of this for a long time (hey, at least Cassandra had the satisfaction of being right), here is a post from 2002: The European Copyright Directive.

If I have missed any posts that should be in that list, let me know.

So how does one repeal a bad EU law? As the politicians say, I am glad you asked me that. Let me direct you to yet another past post in which a denizen of Reddit Europe called Ask_Me_Who explains:

MEP’s can not create, amend, or reject proposals. They can act as a method of slowing them, requesting changes or rethinks of proposed policies, but if the other (unelected) parts of the EU want to force through a proposal they can just keep pushing it until it gets through in the knowledge that elected MEP’s will not have the power to propose future updates, changes, or abolition of legislation.

The European Commission only has to win once and it can never be repealed without the European Commission wishing it so.

‘…If there are not… …great private fortresses… …to which you can flee from the State, …’ . And then the Patreon/Mastercard question….

The words of economist and philosopher Anthony de Jasay, in a long interview on YT. The full quote, as I transcribe it:

‘…The State can starve you if it has sufficient power over the economy. If there are not (as Schumpeter put it) great private fortresses in the economy to which you can flee from the State, when all these private fortresses are demolished, then you are utterly delivered to the State….’.

. He also said

‘…the State can starve you if it has sufficient power over jobs, over the economy, because it can decide that you will not get a job…’

But with the Patreon and Mastercard blacklisting of certain ‘right wing’ voices on YT, such as the brave Robert Spencer and where no state appears to have done anything, we have a situation where private companies are choosing to end contracts with individuals on what can only sensibly be termed political grounds. This might be the thin end of a very broad wedge. In a cashless society, it could make like very difficult indeed for certain individuals.

Now a libertarian might say that this is unfortunate but simply the choice of a business whether or not it wishes to do business with any particular person, and is not a matter for any form of legal regulation. Furthermore, if there is a breach of contract (e.g. a bogus justification for not processing payments), then damages are limited to the losses that flow from the breach and would cease at the point at which the contract could lawfully have been ended.

A counter argument might be that if it is to do this, a business (assuming that we are talking about the legal fiction of a body corporate) which seeks to refuse custom on political grounds (rather than on grounds of breaching the law), then it should be open about its aims, and be specifically empowered to pick and choose customers in its terms of service and in its company rules. So if Mastercard advertise to me that I can use my card for payment, without qualification, then it has fraudulently mis-represented to me what it will do since in an objective reality, making payment to Mr Robert Spencer, (pbuh) is perfectly innocuous, and my custom has been obtained by deceit, and Mastercard has in fact a general obligation to process payments made by me to whomever I choose, except where an illegality issue arises, where it need not advertise the fact.

And of course, a company does nothing, it has the legal fiction of a corporate personality, whereby it is supposedly liable for its acts, not always those who work for it. But if those who work for a company are not acting in its best interests, but in the interest of their own malevolence, can that company claim against them? Should the ‘veil of incorporation’ be pierced?

And what sort of a weapon might that be in certain judicial circuits in the United States, or other jurisdictions, where ‘social justice’ might be deemed a requisite corporate objective?

So, what would those who tend towards libertarianism, and some around here may be 0.999 (recurring) in the direction, others not so close to being an integer, say could or should be done about the situation, if anything?

And does the State (from its own pov) need to do anything more to restrict the internet if there is a ‘private’ solution to undesirable speech on the internet?

Epik domain registrar against censorship

Much as Paypal has shown that it can stop providing services to customers for what appear to be political reasons, the domain name registrar GoDaddy stopped providing services to Gab, resulting in their web site disappearing from the internet.

Recently they found an alternative registrar, Epik, who have written a blog post about why they decided to accept Gab as a customer.

De-platforming a haven of free speech is not about left or right. Anyone who remembers studying civics is familiar with the concept of inalienable rights — rights that a worthy government can only protect but would have no moral authority to take away. The idea of Natural Law and Inalienable Rights dates back to Ancient Greece, if not before. Tolerance for competing views — including those protected by Freedom of Speech and Freedom of Press — is not an American concept even though the Founding Fathers of the United States built a prosperous nation around the concept.

Refusing service to a customer does not violate the non-aggression principle, but when you need a service provider to help you speak to people it is very useful to find one who thinks that freedom of speech is a good thing. Epik should be commended for their stance, and more importantly, their stance is a reason to use their services.

To make sure there are service providers who take your business, it is helpful if there are plenty to choose from and that at least some of them have friendly policies. For this it helps if there are low barriers to entry and minimal state interference in the policies of service providers. Points of centralisation can be a problem. About this, Epik say:

In the domain name world, we often talk about domain ownership. The reality is that we are mostly leasing domains from registries, who in turn is often regulated by a regulator ICANN. Recently I have been a vocal advocate for Forever domain registrations whereby a domain is free of ongoing expense. At the moment, this is possible through Epik though there is still more work to do to make this a risk-free industry norm. The danger of not proactively embracing digital sovereignty, in all its forms, is that the digital world will inevitably find a way to achieve it, with or without domain names.

Various government bodies are in charge of various parts of domain registration, depending on where you are in the world. Technology to decentralise this would be helpful. Perhaps something like Namecoin could be the answer, or perhaps there is another way yet.

Why the US Pulling Out of the UPU is a Big Deal

Yesterday, the US initiated the process for pulling out of the Universal Postal Union (UPU). This 144 year old institution is responsible for multilateral negotiation which sets rates at which packages approximately 5 pounds or less can be shipped. In age where government postal services competes in the market with companies like FedEx and Amazon, it seems absolutely absurd that a UN specialised agency is responsible for shipment rate setting in the 21st century.

While this might seem like a very boring and mundane situation, it is in fact a big deal. This has nothing to do with Trump and how the US is dealing with foreign affairs. This has to do with the US signalling that it is finished with institutions, which have been captured by certain countries with special interests, which use international organisations to legitimise their national agendas. In a statement, the US Chamber of Commerce said that the system is “exploited by a handful of countries.” Unfortunately, this trend occurs widely across the UN system and multilateral organisations. Take a look at the WTO and the UN Human Rights Council, for example.

Another case in point is the International Telecommunications Union (ITU). Like the UPU, the ITU was founded over 150 years ago in order for international negotiations of telegraph exchanges to take place. Currently it is responsible for global spectrum harmonisation, satellite orbital assignment and telephone numbering. However, in the 1980s a majority of member states agreed to use the ITU to set call termination rates between international calls. The US opted out of this process because telecommunications was liberalising and competition among telecoms companies as well as governments allowed for lower termination rates and a market based system. Arguably, this allowed for the dial up days of the Internet to emerge and develop rapidly.

I can raise many issues with multilateral institutions in the 21st century. Most of these institutions have a number of national members of the dictatorship persuasion that wish to control new and emerging technologies primarily developed and run by the private sector. I have written about this here, for example. However, the point that I wish to make here is that old institutions that are no longer fit for purpose need to die so that new institutions and organisational arrangements can emerge, as Douglas North noted. Within the UN, nothing ever dies.

The EU really doesn’t like tech – can we leave yet?

“In an almost direct clash of intentions, the GDPR has effectively banned the use of blockchain technology in Europe because of its immutable nature. The GDPR offers the power back to the individual to edit and delete data which falls into the hands of centralized authorities, but when there is no centralized authority, there is no need for data to be moved around. This is the crux of the GDPR’s clash with blockchain. So, what happens to Europe and the next technological wave?”

Darryn Pollock, columnist for Forbes.

The “blockchain” technology is a distributed ledger that allows information to be securely transferred without the need for third-party authentication, which could mean that many of the settlement and custody functions provided by banks – the sort of “plumbing” of finance we take for granted – could be done far faster, and at less cost. Although the crypto currencies that sit atop of this technology have their fair share of sceptics, the blockchain tech. is seen by banks as a potentially revolutionary one. While people complain that some London-based jobs could leave London if the UK has a clean Brexit and leaves the Customs Union (not to be confused with access to the European market as such), I would wager that blockchain will be far more important in affecting financial employment overall.

And yet the EU, with its usual plodding, bovine way, has enacted data protection rules (GDPR) that could blight this new technology, as well – as we have already seen – add layers of costs to organisations of all kinds. Coupled with the recent vote by MEPs to impose intrusive and costly controls on the internet, I’d hope that all those Millennials whom we are told are full of so much love for Brussels might wake up. This doesn’t of course mean that British politicians aren’t capable of enacting plenty of daft laws, but it’s usually a sight easier to lobby for change at a national level than try to persuade hundreds of millions of voters in 28 countries to change.

So as Tim Worstall likes to argue: can we leave yet?