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]

She falsely accused nine men of rape and six of sexual assault on four separate occasions but still the BBC puts scare quotes around the word ‘liar’.

Jemma Beale’s repeated lies caused an innocent man to spend two years in jail, and untold anxiety to many others. Part of Beale’s motive appears to have been to make her lover jealous, but she told a former girlfriend that she did it in order to get compensation money from the government. She was tried and convicted for her crimes and is now in jail.

You’d think that after all that her guilt would have been established beyond reasonable doubt. Yet with what strange new respect for the presumption of innocence (even after conviction!) does the BBC report her case:

Jemma Beale: Rape claim ‘liar’ loses conviction appeal

A “serial liar” who invented false rape and sexual assault allegations has failed in a bid to clear her name.

Jemma Beale, 27, from Hounslow, west London, was jailed for 10 years in August 2017 after claiming she was sexually assaulted by six men and raped by nine over the space of three years.

She challenged her convictions for perjury and perverting the course of justice and her sentence.

Her bid was rejected by three judges at the Court of Appeal.

Beale’s lawyer Gillian Jones QC argued the trial judge should have given the jury directions about the “danger of assumptions, myths and stereotypes” relating to victims of sexual offences.

I agree with Beale’s lawyer. The trial judge should have warned about the danger of the currently fashionable assumption, myth and stereotype that “women never lie about rape”. Fortunately the jury saw through Beale anyway.

Samizdata quote of the day

What a wretched lot of weaklings we have in high places at the present time!

– Douglas Haig, diary entry 1 September 1918. This was written in response to the Cabinet’s refusal to take responsibility for any failure of Haig’s upcoming offensive. The Storming of the Hindenburg Line was, of course, a huge success. Any similarity between this and more recent events is entirely coincidental.

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…

Agreeing to disagree

Inevitably, a parliament that can agree on nothing can agree on a two-week delay. Hilariously, it’s the EU that protects us from longer delay – they disliked the last time Brits voted on them too much to want a repetition in the EUro-elections two months hence. Admirably, the DUP refuse to panic (I thought they were a luck from the start.)

Labour was whipped to vote for a second referendum (kudos to their shadow minister who resigned) whereas the Tories were not whipped, but it still failed. The idea will be debated again on April Fool’s day but the omens (not least that one 🙂 ) seem good.

May’s offers to resign get steadily more precise and shorter term. Each one brings the series nearer its end. Each one reduces her authority while she remains.

As for me, I still like deadlock. If ever there was a time for a monarch to say that, as parliament is unable to act, “we” will be its regent and just do it, now is that time, but perhaps the decision of making no decision at all would be most convincing of all. We on this blog want less government; here’s a chance to experience it

Comment away – you know you want to. 🙂

The Trump conspiracy that, er, wasn’t

As a purely journalistic failure, however, WMD was a pimple compared to Russiagate. The sheer scale of the errors and exaggerations this time around dwarfs the last mess. Worse, it’s led to most journalists accepting a radical change in mission. We’ve become sides-choosers, obliterating the concept of the press as an independent institution whose primary role is sorting fact and fiction.

A part of a long article on something called “Hate Inc.”, produced by a chap called Matt Taibbi.

I recommend the entire article.

Here’s another paragraph:

We had the sense to eventually look inward a little in the WMD affair, which is the only reason we escaped that episode with any audience left. Is the press even capable of that kind of self-awareness now? WMD damaged our reputation. If we don’t turn things around, this story will destroy it.

Much of the US and indeed Western media (the BBC here, for example) has been dying to see hard evidence of collusion between Russia and the Trump campaign. That has not been obtained, and the reason is that it did not exist. So much of the MSM and the liberal-left establishment has been in denial about why Mr Trump was elected to the White House, as it is in denial about the UK referendum result to leave the EU. (In the latter case, much of the media/political establishment is trying its best to stop it from happening and may succeed in the short term, at terrible cost to the UK).

I am not a Trump fan and his protectionism is something I abhor. But as some of my libertarian friends have said, the fact that he has got so many on the socialist side of the fence to go stark, raving mad, to have exposed their arrogance and sense of entitlement, is a public service by Mr Trump not just to the US, but the wider world. When I occasionally point this out to people who go into automatic “Isn’t Trump awful?” mode, I often get funny looks, or the occasional glint of awareness.

As an aside, it is pretty clear that on the basis of dodgy evidence, the former Obama presidency illegally spied on the Trump campaign. Such has been the deification of Mr Obama (he still gets warm words in the UK, for instance), that he is likely to get away with it. Or so he hopes. A lot of people in his circle will be sweating a bit if, as I hope, the Democrats fail to retake the White House in 2020. It would be amusing to see this vain, poor ex-president have his collar felt by the FBI, even if he got away with it.

At present, the Democrats remain in a state of denial, and that party’s drift to the Left makes its winning power ever less likely, although you never can tell. In my gut I just cannot see the US going for what Elizabeth Warren, AOC and the rest of them, even old Joe Biden, have to sell.

A final point I have is that these episodes remind us that it is high time the US presidency was not invested with the importance it now has, and to achieve such a happy diminished state requires a serious rollback to the size of the federal government. To have a less imperial presidency, you need smaller government. The cult of the presidency, as it were, can only be dealt with if the cult of government in general is pushed back.

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.

Samizdata quote of the day

The left-wing intellectuals treat Socialism similarly, defining it by its outcome. If it doesn’t succeed in bringing about the said fairness and harmony with production in the hands of the workers, then it can’t have been Socialism. And out of the window goes the real world, the one we live in. If we were to say that Socialism seeks to achieve these goals, we’d be able to judge if it has ever succeeded to any degree. Because it never has, we’d be entitled to conclude that it doesn’t work. Kristian says it’s like performing a raindance. If it is done as an attempt to bring rain, we’d be able to judge how effective it was in practice. But if a raindance is defined as “a dance that brings rain,” then any dance that didn’t do that was clearly not a raindance.

Madsen Pirie

Noooooooo!

Gender pay gap expert among top professors quitting Brexit Britain

Leading academics in climate policy and economics have also had enough of hostility – and funding goes with them.

(I mentioned it once, but I think I got away with it all right.)

Calm down, dear

I had planned a day of rest with perhaps a little light blogging about kittens. You’re all probably sick of me going on about Brexit. I’m sick of me going on about Brexit. But the latest article from our old friend Baron Heseltine, Companion of Honour, Member of the Privy Council and Lord of the Jungle, is something you need to hear.

But it is in the next phase of negotiations that the details of the UK’s future relationship with the EU will be fleshed out. Depending on what happens in those negotiations, either we will see virtually no change to our current status – in which case, what is the point of leaving? Or, as is much more likely, the Brexiteers will demand significant changes to reflect their own views – views that will appal and frighten much of the electorate when they realise the enormity of what is being done. In essence, Brexiteers want to dismantle much of what we regard as the underpinning of civilised life in the modern world.

He is but the latest prophet to issue this warning. The prophet Tusk spoke thus before the referendum, but the people heeded him not.

What should we be doing while they make art?

Let’s be honest, the huge size of the People’s Vote demonstration and the huge number of signatories on the petition to revoke Article 50 are both very impressive. They show that millions of people want very strongly to remain in the European Union.

But of course they will have very little effect on whether Brexit actually happens or not. Don’t mistake me, I am seriously afraid that it will not happen – which will send a signal to every supporter of every cause, whether related to Brexit or not, that trying to gain their objectives by democratic means is pointless. However the million marchers and four million signers are not the reason for my fear. They are not doing anything significant to stop Brexit. They are performing for each other. We should rejoice that they thus distract each other from actions that might have more effect.

Why do I think these great manifestations of opposition to Brexit do so little to stop it? Because the people who can stop Brexit know that the marchers and signers can do and will do nothing for them. Those people are MPs, mostly but not entirely Conservative MPs.

Not one Conservative MP stands in danger of losing their seat because four million people who would never vote Tory anyway sign a petition. Quite a few Labour MPs do stand in danger of losing their seat because it is beginning to dawn on habitual Labour voters who voted for Leave in the referendum, who disproportionately live in marginal seats, that their victory in the referendum might be stolen from them. John McDonnell can work this out, and he can tell Jeremy Corbyn. This is why both of them were conspicuously absent from the People’s Vote march. Meanwhile I do find something ironic in all these “Revoke Article 50” petition-signers thinking that the government should do something just because a lot of people have said that they want it.

I said on the 18th that No Deal would be the best option for Theresa May. I am no longer sure that May will be in power long enough to get to choose her best option, but the same calculation applies to her successor as Conservative leader and (possibly interim) Prime Minister. As I said in that post, the most committed supporters of the Conservative party are exactly the group who want Brexit most. Their anger is to be feared by the people with whom power to stop Brexit rests. It is scant reassurance to worried Tory MPs to say that Tory Brexiteers are scarcely likely to vote for Corbyn the extreme left-winger or for the Europhile Liberal Democrats or Independent Group. In fact Tory Brexiteers don’t even have to vote for UKIP or Nigel Farage’s new Brexit party in order to punish Conservative MPs for failing to honour the referendum result. All they have to do is slack off. The Conservative party is desperately short of active members, particularly young active members who are physically capable of going house to house delivering leaflets and talking to potential voters.

Which brings me to the question I asked as the title of this post. I have thought of one suggestion for something Conservative Leavers can do to secure Brexit: tell your MPs and your local Party chairmen and chairwomen that the Tories had one job, as the meme goes, and if they cannot bring themselves to do that then you cannot bring yourself to pound the streets on the Party’s behalf in the coming General Election.

Note the mildness of this threat. That, I believe, is what makes it effective. It is literally no effort for you to carry it out. It is less effort than not carrying it out.

I know that many local Conservative Associations have been working to deselect overly pro-Remain MPs. I think it is too late for that strategy. Brexit does not need more formerly-Conservative Independent Group MPs, it needs scared Conservative MPs.

There is my suggestion. But it only applies to members of the Conservative party, which I’m not. I honestly wish I had joined months ago so I could credibly make this threat now.

I throw the question out to you, dear readers. During WWII Churchill used to write “Action this day” in his own hand on documents. What action can we take today that will make betrayal of the referendum result less likely? I do not exclude performative art of our own, such as this petition to honour the referendum result, but in the end such things do not apply any new incentives to those who have power. What would? What should we be doing?

Samizdata misheard remark of the year

Venue: a very noisy Adam Smith Institute gathering at the House of Lord a few days ago.

Her: Putin and Trump are in favour of Brexit, does that make you question your support?
Me: Hitler liked dogs, should that make dog owners question their choice of pets?
Her: Fair point, like me Hitler was a libertarian.
Me: Um… what? Hitler was a… libertarian?
Her: Vegetarian!
Me: Ah. It is rather noisy here.