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]

When you annoy someone, they often act annoyed… go figure!

There is a strange article in the LA Times called The Governor’s cold shoulder to Muslims, in which Shakeel Syed, the executive director of the Islamic Shura Council of Southern California criticises state governor Arnold Schwarzenegger for refusing to meet with him. The title suggests this refusal amounts to cold shouldering ‘Muslims’ rather than just certain Muslims (i.e Shakeel Syed).

After waiting for more than a week, and following up with at least 10 phone calls to the governor’s office, I had gotten no response. I felt it was my duty and my right as a citizen to avail myself of a public forum to reach the governor. When a reporter from the L.A. Times called, I spoke with him and, on Aug. 16, The Times correctly reported my perspective: The fact that the governor had ignored my request to meet was disrespectful and insulting.

Of course, what with being the governor of a large state, I would guess Schwarzenegger is not exactly an easy man to get a meeting with, so I am not quite sure why Mr. Syed thinks not being able to meet with him amounts insult and disrespect. Moreover he then tried to apply pressure to Schwarzenegger by attacking him in the LA Times for not meeting with him, whilst noting the Governor was quite happy to meet with “rabbis and others who support Israel”.

He then acts surprised that Schwarzenegger’s communications director stated that: “We did not meet with Mr. Syed [because] it was inappropriate for the governor to meet with someone who uses the media to demand meetings and threaten political retaliation.” In other words, as Mr. Syed annoyed the person he wanted a favour from (to meet him), he was surprised that the person he annoyed was, well, annoyed enough not to meet with him.

In the earlier LA Times article, it said…

Muslim leaders on Tuesday called Gov. Arnold Schwarzenegger disrespectful and insulting for ignoring their request to meet about the war in Lebanon so he could explain his appearance at a rally supporting Israel that was attended by thousands.

What does Schwarzenegger need to ‘explain’? Clearly he supports Israel (the dead give away is that he attended a rally supporting Israel) and if some Muslims in California do not like that then perhaps they should consider not voting for him. Which bit of that needs an ‘explanation’? Arnie obviously values the Jewish vote rather more than the Muslim vote.

But then if Schwarzenegger wanted some even better reasons for refusing to meet someone from the Islamic Shura Council of Southern California, those would not be hard to find. Mr. Syed supports making it illegal to say or print things Muslims find deeply offensive, making the categorical statement “We call for laws that prohibits defamation of all Prophets and faiths”. So the Islamic Shura Council of Southern California thinks the sensibilities of religious people trumps the First Amendment and therefore the rights of people who might think religion is so much superstitious claptrap to say what they please about a historical figure or a person’s beliefs. Just a guess but I suspect the rabbis Schwarzenegger met were not urging him to pass any laws against making movies like The Life of Brian or other forms of satire which clearly defame religion.

Syed does not just demand tolerance, to which he is of course entitled, he also frequently demands respect, which is not something a person should get as a matter of right. I hope Schwarzenegger continues to tell him to get stuffed.

Meditation on Castro

…by Mr. Lileks. A taste:

There was no such thing as Castroism, after all. Only Castro. In the end it all dies with you.

Eventually it will come down to this, my friend: history will note that the people in the American jails at the tip of this island ate better than the average Cuban.

Lets hope he dies Real Soon Now, and that Bush manages through some miracle not to miss the opportunity to lift the embargo, so the succession struggle gets swamped in a tide of US dollars.

A very strange kind of ‘libertarian’ US judge

American judge Alex Kozinski, interviewed recently in U.S. magazine Reason, is roughly billed as a ‘libertarian’ judge. He is asked, among various things, for his views on the infamous Kelo eminent domain decision, which relates to the case in which a local municipality in the States won the power to evict people from their own homes in order to redevelop a site for commercial and tax-raising reasons. It is a decision which has scandalised classical liberals and defenders of property rights. Yet Kozinski thinks the decision is fine, and comes up with the following jaw-dropper:

What’s the difference between taking property for public roads or anything else? Do only public automobiles travel on public roads? I don’t understand why it’s a problem. If the government thinks the city will benefit by having a road there instead of having your house so that people can drive their private cars on it, then it has to make that decision. Who owns the road really doesn’t matter. What matters is that it makes it easier for other people to get from point A to point B using their private vehicles for private purposes. You could say “but it’s my house and my private purpose is more important than your private purpose.” But we live in a society.

“We live in society”. And so what? This judge is using ‘society’ as a sort of mystical incantation to shut down debate. His argument seems in broad terms to be a sort of utilitarian one: if the interests of a supposed majority are served by seizing the property of some people, then this is okay so long as ‘fair’ compensation is paid. His argument seems not to accept that though certain outcomes may be desirable, that it is necessary for the state to be constrained by certain long-term rules and institutions, most emphatically, by the existence of property rights. The judge’s position seems to be “property rights be damned”. If we imagine there are alternate uses of property that might put a gleam in the eye of a politician with property developers in his back pocket, then there is no limit to the assaults on property rights that could be permitted under the Kozinski formulation.

Eminent domain – what we Brits call compulsory purchase – can be justified, if at all, for creating certain facilities like a road, military base or law court that are essential for the peaceful ordering of a society, essential for human life and in the interests of all, and not just because it makes life a bit nicer for some or most of us, whether we be motorists or whatever. What is terrible about the Kelo decision is that it was driven by commercial gain, not a clear public interest such as defence of the realm.

After all, if the economic pie really is swelled by people selling their homes for new development, then that would happen in a market, albeit perhaps not in the neat and tidy way favoured by power-grabbing government official. Yet this ‘libertarian’ judge cannot see that. May we be preserved from ‘libertarian’ judges like this.

For an excellent book about this subject, see this work by Timothy Sandefur.

As an aside, I should point out that the reason I keep focusing on this issue is because American legal rulings and arguments have a habit of travelling across the Big Pond.

Fools and horses?

When I grew up, “Buy low, Sell high” was a mantra you learned at your mothers knee. It was what any good proper American had ingrained into them. Somewhere along the line it seems to have become ‘suspicious activity’ to those in law enforcement. I am not alone in feeling that a couple Arab-American men in a truck full of cheap phones has much less to it than meets the law officer’s eye.

A terrorism expert interviewed on Fox News told them even a huge terrorist plot would only require a handful of phones. A thousand phones are likely to be exactly what the men (and their wives) say they are: a plot to make money. Making money is a good, patriotic American act.

I will require a hell of a lot more proof than I have heard so far to believe there is an enemy use for thousands of mobile phones. Maybe there is… but I am not even mildly convinced of it at the moment.

I can almost hear Del Boy laughing…

No warrant? No search

The Specter-Cheney ‘Warrantless Surveillance Bill’ will leave a gaping hole in American civil rights by providing a tissue thin excuse for warrantless surveillance of Americans in America. Anyone who has any dealing with foreigners, as long as the state claims the surveillance is ‘aimed at foreigners’, will now be subject to surveillance at the pleasure of some faceless government employee…”in other words, if you call or do business with someone overseas, the government may be watching you”.

Do something about that.

You probably will not read this elsewhere…

This just in from the US Defense Department:

WASHINGTON, August 2, 2006 – The National Guard has exceeded its troop requirement along the southwestern U.S. border by almost 200 servicemembers and is assisting U.S. Border Patrol activities there, a senior Defense Department official said here today.

We were obligated, by Aug. 1, to have 6,000 National Guardsmen deployed to the four-state southwest border region. And, in fact, as of close of business yesterday, we had 6,199 soldiers, Paul McHale, assistant secretary of defense for homeland defense, said in an interview.

Now if they had not met the stated goal, that would naturally have been newsworthy…

A blow against abuse of Eminent Domain

There is an very commendable article on the LFB blog which applauds an Ohio Supreme Court ruling that economic development is not a sufficient reason under the state constitution to justify taking homes, in other words overturning Kelo in Ohio. However what makes the article so interesting is that it correctly identifies the poor thinking behind Justice O’Connor’s interpretation of the issues:

I need not merely infer that O’Connor is one who believes in “balancing” the interests of victims and thieves. In her formal opinion, available at the web site of the Ohio State Supreme Court, O’Connor states that the Norwood case is about “the constitutionality of a municipality’s taking of an individual’s property by eminent domain and transferring the property to a private entity for redevelopment. In doing so, we must balance two competing interests of great import in American democracy: the individual’s rights in the possession and security of property, and the sovereign’s power to take private property for the benefit of the community.”

But, as the Founders themselves should have better understood and stated in framing the Constitution, the only “benefit of the community” that may properly be attended to in most possible cases has to do with the actual rights of the individuals who make up that community. The community is best off, in fact, if no member of it may ever be robbed by government and at the behest of “the community,” whether that “community” is a group of home owners who want to forcibly prevent a mall from being built on somebody else’s property by the persons who own that property, or a group of developers who want to forcibly impose a mall on the property of home owners.

Excellent article.

American wimps

Perhaps instead of ‘American Idol’ there is need for a new program on ‘American Wimps’. After reading this I practically broke out laughing:

Utility companies were still struggling to restore power. By Thursday evening, electricity had been restored to 160,000 customers in St. Louis, but new reports of outages kept coming in. The day’s high temperature was 97 degrees, but the humidity made it feel like 111.

The evacuated residents were taken to “cooling centers” after leaving their homes.

“We can’t overemphasize the danger of this heat,” Mayor Francis Slay said. “The longer the heat goes on and the power is out, the riskier it is.”

I just can not get the image out of my mind of long lines of Conestoga Wagons crawling across the prairie with A/C water dripping out the back; or of the ‘Little House on the Prairie’ with a rush of cool air from the built-in heat pump as you step through their door…

This is a bit of warm weather guys. Get real. A/C has only existed in the typical American home for a couple of decades. I grew up without it. I cannot even remember anyone in our town who had it.

We lived through days like this with little more than a comment to the neighbors over the back fence. We kids ran about playing baseball in humid 90 and 100F July days. Our parents made dinner in the unairconditioned kitchen and worked in the garden with little more than a sunhat.

Am I the only one who finds the above article… embarrassing?

Mickey Spillane, RIP

The man who brought us the ultimate tough private eye, Mike Hammer, has died at the age of 88. I quite liked Mickey Spillane’s hard-boiled fiction, though goodness knows it never pretended to be Henry James or Proust (and was all the better for it, probably). Bob Bidinotto has a nice article saying farewell to the old fella. Here is a report over at Bloomberg. I am sure Hammer is laughing over a large bourbon somewhere before going out to tangle with treacherous dames and cut down the bad guys.

Republicans for limiting trade and restricting choice

Thank goodness we have the Republicans to protect people from themselves and limit international on-line commerce.

The U.S. House of Representatives voted on Tuesday to restrict Internet gambling, a move Republicans hope will boost their popularity before the November election. By a vote of 317 to 93, politicians approved a controversial bill that tries to eliminate many forms of online gambling by targeting Internet service providers and financial intermediaries, namely banks and credit card companies that process payments to offshore Web sites.

Net gambling “is a scourge on our society,” said Rep. Bob Goodlatte, a Virginia Republican who’s tried for the better part of a decade to enact legislation that combats Net gambling.

‘Our’ society? Bob Goodlatte should really get out of the coercion business and follow his natural career as a barista and leave the series of social interactions we call ‘society’ to its members, rather than using force to distort it.

Now can someone remind me why the Elephants are supposed to be trusted with imperfect edifice of American capitalism and civil liberty but the wicked ol’ Donkeys cannot? A pox of both parties I say but at least the Democrats were on the right side of this issue.

My prediction: People who want to gamble on-line will start registering with trusted on-line off-shore providers, who will change a forwarder URL of their sites every few days and notify their clients of the new URL via or-mail or SMS in order to get around ISP blocking for those unable to use proxies and other ways to confuse the ISP where you are really going. Payment will be between the client and a series of disposable off-the-shelf companies in Panama or Grand Cayman which shut down, only to be replaced by a new company, as soon as the US credit card companies identify them as receiving money from gambling.

The US state can make it harder but if people want to wager their own money, they will always find a way. If i was a betting man (i.e. statistically challenged, which I am not), I would put my money on the Feds getting their arses kicked when they try to shut the off-shore sites down (particularly as they are legal in the countries they operate in and can take clients from the rest of the world without much difficulty).

Can anyone say “Drug War”?

The NatWest bankers controversy

In case anyone missed it, here is a fine article summing up what I think is the truth behind the case of the three NatWest bankers who are to be extradited to the United States on charges related to the collapse of Enron. The author, business writer Jeff Randall, fingers what he sees as the reason why the banks have been so coy about defending their employees from the U.S. legal authorities.

Unlike Stephen Pollard, who huffs and puffs about how this controversy is largely a matter of anti-Americanism, I do not like the smell of this case at all. I think Pollard’s argument – which has its merits – misses the point of how one-sided the operation of U.S. extradition powers are. These men are not regarded by the British authorities of being guilty of any offence. The U.S. authorities appear not – to the best of my knowledge – to have given even the semblance of a prima facie case justifying the extradition of this trio. And yet as the article points out, while the U.S. can use these powers – supposedly justified by the War on Terror – Britain has no corresponding right to extradite alleged U.S. wrongdoers (powers associated with terrorism have a habit of branching out).

As with the British blogger Clive Davis, I am a pro-American who also thinks the U.S. authorities sometimes do a lousy job at treating what they should regard as their close allies. Okay, I can hear the comments coming that even if they did a great job, it would make no difference. I am not so sure. While I agree with Stephen Pollard that U.S. authorities are arguably right to get nasty on financial wrongdoings and are often tougher than we Brits, this use of extradition powers looks a step too far. It does not strike me as smart diplomacy or right law, and I hope, perhaps naively, that the British government shows rather more backbone on this case than hitherto.

Here is more on the story, and more here.

UPDATE: And of course let’s not forget the continuing outrage of the EU arrest warrant. I should have mentioned this fact earlier, in case our American readers think I am picking on them.

Don’t try this at home, kids

The June edition of technology, futurism and culture magazine Wired has a fascinating piece by Steve Silberman about growing government restrictions in the United States on home-chemistry kits and how this could bar children from learning from, and getting excited by, science. Instead, children are likely to increasingly encounter chemistry and science not up close in a lab and by playing around with kits, but via video or school labs where experiments are conducted in highly protected environments. I can see the thought process here: “If youngsters get home-kits to make chemical experiments, then the odd potential bin Laden brewing up a concoction in his bedroom could go out and try to blow people up.” Small-scale amateur rocketry has already experienced similar bans or restrictions on stuff like the fuel used (“some nut might shoot a plane out of the sky!”).

But the security services are missing the “Pack not a herd” point of Glenn Reynolds and others: namely, that in a rich civil society where lots of people have hobbies and interests including messing around with chemistry, physics and technology in their spare time, it creates a natural “social capital”, if you will, of people who can prove mighty useful in an emergency. The same edition of Wired magazine has an article on how companies like Proctor and Gamble use home-based scientists – what Wired calls “crowdsourcing” – to fix problems that their own in-house professionals take more time and a lot more money to solve. If I were a defence or security official, instead of treating all amateur scientists as potential trouble-makers, I’d co-opt them, issue prizes for new ideas, and so forth. I suppose this links to my point below about the value of X-Prize contests.

So by all means be vigilant in the fight against terror. But if geeky children want to learn more about chemistry at home, I think that is a healthy thing to be encouraged. Our ancestors, such as these fellows, who often arrived at scientific breakthroughs after exploring scientific ideas in a far less regulated environment than today, certainly would have agreed.