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]

Our ‘Stasi’ face a legal challenge – ‘The right to be offended does not exist’ says a High Court Judge.

A Lincolnshire businessman (and former police officer), Mr Harry Miller, has sought a judicial review of one of the more sinister aspects of current policing, the recording of ‘hate incidents’ by the police even when there is no offence (on their own admission). The case is ongoing, and a report in The Telegraph (paywall of sorts) indicates that the judge made a remark that might indicate that he was surprised at the position of the ‘College of Policing’, one of those quangos that isn’t needed and might even have been invented to hammer nails in to the coffin of the liberties of Englishmen.

The “right to be offended” does not exist, a judge has said, as the High Court hears that British police forces are recording hate incidents even if there is no evidence that they took place.

The College of Policing, the professional body which delivers training for all officers in England and Wales, issued their Hate Crime Operational Guidance (HCOG) in 2014, which states that a comment reported as hateful by a victim must be recorded “irrespective of whether there is any evidence to identify the hate element”.

Mr Justice Knowles expressed surprise at the rule, asking the court: “That doesn’t make sense to me. How can it be a hate incident if there is no evidence of the hate element?”. Mr Justice Knowles made the remark on the first day of a landmark legal challenge against guidelines issued to police forces across the country on how to record “non-crime hate incidents”.

He added: “We live in a pluralistic society where none of us have a right to be offended by something that they hear.

“Freedom of expression laws are not there to protect statements such as ‘kittens are cute’ – but they are there to protect unpleasant things.

“Its utility lies in exposing people to things that they do not want to hear.”

I note that the BBC takes a different line on the case, highlighting the following:

He (Mr Miller) previously described police as using George Orwell’s novel 1984 as an “operating manual”.

His barrister, Ian Wise QC, told the court his client was “deeply concerned” about proposed reforms to the law on gender recognition and had used Twitter to “engage in debate about transgender issues”.

Mr Wise said Humberside Police had also sought to “dissuade him from expressing himself on such issues in the future”.

This, he said, was “contrary to his fundamental right to freedom of expression”.
Mr Miller has “never expressed hatred towards the transgender community”, he said.

“He has simply questioned the belief that trans women are women and should be treated as such for all purposes.”
His views, he added, “form part of a legitimate public debate and cannot sensibly be regarded as ‘hate speech'”.

In response, Jonathan Auburn, for the College of Policing, said: “While the claimant now expressly disavows having any personal hostility or prejudice towards transgender people, his social media messages speak for themselves.”

In one tweet, he said Mr Miller posted: “I was assigned mammal at birth, but my orientation is fish. Don’t mis-species me.”

It strikes me that Counsel for the ‘College’ is not making a legal point there, but is trying to stretch a factual one, and conflating incredulity with hostility.

At last, someone is taking on the PC State. The case continues. It could set a most welcome precedent on this issue, but it would need the Court of Appeal to rule on the issue to make a generally-binding precedent for England and Wales.

What airports tell us about a police state

Kevin D Williamson doesn’t hesitate to put the boot in:

With apologies to Margaret Atwood and a thousand other dystopian novelists, we do not have to theorize about what an American police state would look like, because we know what it looks like: the airport, that familiar totalitarian environment where Americans are disarmed, stripped of their privacy, divested of their freedom of speech, herded around like livestock, and bullied by bovine agents of “security” in a theatrical process that has an 85 percent failure rate because it isn’t designed as a security-screening protocol at all but as a jobs program for otherwise unemployable morons.

Now, when I hear the words “otherwise unemployable morons,” I think of Robert Francis O’Rourke and his sad little presidential campaign, which suffered a little setback on Tuesday night when the gentleman who advertises himself as “Beto” tried out some tough-guy shtick on Pete Buttigieg, who is, whatever else you can say about him, a veteran of the Afghanistan campaign, one who rightly pointed out that he doesn’t have to prove his “courage” to the idiot son of a well-connected El Paso political family who has done almost nothing with his life other than show himself a reasonably effective fundraiser in the family business.

O’Rourke is a cretin, and an ambitious cretin at that. And what are his ambitions? Turning America into the airport.

Samizdata quote of the day

We dare not be honest if we cannot speak privately.

– Matthew Parris

That Which Shall Not Be Named

It waits. It hungers. In its tenebrous embrace all memories, all identities, all names are lost. What was once known becomes unknown.

And a jolly good thing too, that’s what I say.

The Scottish government’s creepy Named Person Scheme has been fed to Azathoth, the BBC reports.

An earlier post of mine called “Sixty pages” described one father’s experience of the pilot scheme:

The surviving extracts appeared to indicate that the minutiae of his family life had been recorded in painstaking detail for almost two years, under a Named Person scheme which has been introduced in his part of the country ahead of its final roll-out across all of Scotland in August. A separate note made by the Named Person charged with keeping an eye on the academic’s two little boys was concerned with nappy rash.

Rob Fisher also wrote about it here: What the GIRFEC?

A reminder to Conservatives of why they should not abridge the right to keep electronic communications private

Boris Johnson’s aides say they’ll ignore a vote ordering them to hand over WhatsApps and Emails

Buzzfeed have been quick; the vote in Parliament to which the story refers took place only a few minutes ago. It may all be theatre: according to the Guardian‘s Andrew Sparrow, the government will probably say it does not have the legal power to comply with the vote even if it wanted to. It could reasonably cite the European Court of Human Rights (and before you ask, that court is not part of the European Union, though as Paul Marks is fond of observing, the two are intertwined).

What a farrago. I did consider posting this in Samizdata’s sister blog, The Great Realignment, but although this vote is part of yet another Parliamentary scheme to stop Brexit happening, its implications for civil liberties are what interest me most. In the era of the Twitter flash mob, it is within the realms of possibility that even obscure folk like you and me could be the next targets of public rage, and the Right Honourable Members are not averse to putting themselves at the head of the crowd. How would you like it if a fishing expedition by a bare majority of MPs could force you to turn over your emails and WhatsApp messages?

Mercedes benz with the prevailing wind

The Mail can be a little sensationalist sometimes. I am hoping that some of our well informed and technically aware commenters will tell me that the following story is ridiculous:

How ALL cars could spy on you like Mercedes by 2022: EU plan could see location-tracking devices fitted in new vehicles despite privacy concerns

All new cars could be fitted with devices to track down drivers that are speeding, driving irresponsibly or have fallen behind on finance payments, under controversial new plans.

From 2022 the EU wants all cars made inside the Union to feature location-tracking devices so they can monitor speed, driving behaviour and whether motorists are using safety features properly.

The black boxes have sparked a privacy row with drivers concerned they are ‘being watched’, as trackers can be activated without their knowledge.

Yesterday Mercedes was at the centre of the uproar after bosses admitted all new and used cars sold by them are fitted with trackers.

A silly and alarmist piece, right? What is being proposed is beyond the capacity of current technology, surely? Not to mention legally out of the question, irrespective of whether Britain is in or out of the EU. That’s right, isn’t it, guys? Guys?

The choice before us

The weekend papers have been dominated by the story of how Boris Johnson and his partner had a screaming row. Their neighbours called the police (defensible, possibly admirable), recorded the row (defensible – it might be required for evidence later)… and sold the recording to the Guardian.

The Times reports,

Revealed — the neighbours who taped Boris Johnson and Carrie Symonds’s quarrel

The neighbours who called police about a row between Boris Johnson and his partner are Tom Penn and Eve Leigh, a left-wing dramatist who boasted only a few days before that she had “given the finger” to the former foreign secretary.

Penn, who broke cover after questions from The Sunday Times, voted against Brexit but insisted last night that he and his wife had not acted because of politics. He said they felt “frightened and concerned for the welfare of those involved”. Johnson’s partner, Carrie Symonds, was heard screaming, “Get off me” and “Get out of my flat.”

Penn said: “With my wife, [I] agreed that we should check on our neighbours. I knocked three times at their front door, but there was no response. I went back upstairs into my flat, and we agreed that we should call the police.”

However, he admitted that even after officers called back “to let us know that nobody was harmed”, the couple decided to pass a recording they had made of the incident to The Guardian newspaper.

Penn said: “I felt that it was of important public interest. I believe it is reasonable for someone who is likely to become our next prime minister to be held accountable for all of their words, actions, and behaviours.”

In the Times comments to this story “savetheplanet” said,

Leaving aside the rights and wrongs.

I’m being offered a world run by Boris (fortunately lazy and delegates) or Corbyn and folk like Tom and Eve .

Not a great choice but Logic says Boris is the lesser of those evils.

Samizdata quote of the day

“In the past few decades, digital pornography has been blamed for—well, pick a noun and add the word sex. It’s been named as a culprit for both sex addiction and sex abstinence. It’s been blamed for poor sex education, rampant sexual violence, and rising sexual dysfunction. Pornography is practically the Swiss Army knife of social calamity.”

Derek Thompson, The Atlantic.

Reminds me of the old gag: Why was the Swiss military so optimistic about the outcome of a war?
Answer: Because they had a wine corkscrew in their knives.

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.

Two discussion points inspired by Stephen Wolfram

The first one is straightforward. The internet threw me a talk by the computer scientist and businessman Stephen Wolfram today. It lasts three minutes 21 seconds and is called “How humans can communicate with aliens”.The subject is one that has so often been used as the basis for fiction that we sometimes forget that when you look up at night, what you see is real. There is a whole universe out there. It might have intelligences in it. Mr Wolfram contends that we might have been seeing evidence of intelligences all the time without realising it.

Do you think he is right? And assuming we can talk to them, should we?

Alien contact sounds wonderful at first but then becomes terrifying as you think more deeply. The second topic for discussion I want to put forward sounds terrifying at first but then becomes –

Well, you tell me what it becomes. There is a very strange final paragraph to Mr Wolfram’s Wikipedia page:

Personal analytics

The significance data has on the products Wolfram creates transfers into his own life. He has an extensive log of personal analytics, including emails received and sent, keystrokes made, meetings and events attended, phone calls, even physical movement dating back to the 1980s. He has stated “[personal analytics] can give us a whole new dimension to experiencing our lives”.

One of my recurring nightmares is that as spy devices get smaller and the computational power available to analyse what they learn gets bigger someone – or lots of someones – will be able to analyse my life in that sort of detail, down to every keystroke I make. It had never occurred to me to think of it as something I might like to do to myself.

Does anyone reading this do anything similar? Would you like to?

Putting the ‘social’ in socialised medicine

The NHS is trialling group consultations. Instead of seeing your doctor one-on-one, up to 15 people will be seen all at the same time. One’s experience of medicine (or rather, ten or fifteen’s experience of it) will certainly be more social under these plans – especially as these group consultations will apparently include such issues as erectile disfunction. This should help achieve the old marxist aim of ‘abolishing the private sphere of life’.

As usual, however, socialism’s compassionate attempt to provide

a “fun and efficient” way to carry out consultations with patients who shared the same conditions

is being resisted by some old-fashioned reactionaries who claim to feel

“incredibly uncomfortable” discussing personal matters with large groups of strangers

overlooking the fact that, since the average NHS GP serves a specific contiguous area, such groups will not always be of strangers – they may often include neighbours and acquaintances.

China’s hardware hack: massive implications if true

Bloomberg is running an utterly astounding story about a massive Chinese hardware hack that if true will have considerable political impact but truly enormous economic implications.

This will have a long-term bearish effect on China’s hitherto unchallengeable position as the overwhelmingly dominant manufacturer of computers, phones and high tech IT component.

And yet… I hesitate to immediately take this entire story at face value, precisely because the geo-political/economic implications are so dramatic that I can hear the sound of a great many axes grinding.

Still, it is certainly something I can well believe the Chinese government would do, even with the associated risk to China’s IT marketability. But then the same is probably true of the US government, I would not put such a thing past them either.