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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Excessive law is no law

Natalie Solent links to this posting at Thought Mesh, about the realities of regulation. Thought Mesh seems to be US based, but the message is universal:

As you may know, I work in network security management. I’ve been off at a summit discussing the future of the product. While listening to our chief marketing guy talk about future requirements, he said something I found astounding. Paraphrasing, the gist was that our corporate customers cannot comply with their reporting and auditing requirements. There are so many and they are so detailed that compliance is apparently no longer possible. The point for us is that any auditing done by our software should be designed with this fact in mind and so, rather than verifying compliance should be able to document the level of failure to comply.

Further, it seems that this situation is known to the regulating agencies and the requirement is now not actual compliance, but “improvement” over time (which is where our reports can contribute). It’s the “no child left behind” theory of corporate regulation. One is left to wonder if we shouldn’t be trying for a set of regulations that is actually possible to obey. The answer, of course, is that it’s best for the regulators if everyone is guilty of something. Then when bad things happen, there is a nice selection of the usual suspects to pin the blame on, all of them disarmed because they are in violation of some regulation.

In another sense, it’s cargo cult regulation. Some good company is observed to perform some action. Therefore if every company is required to do that, they will be good companies. In fact, this kind of regulatory environment, with endless obscure rules and universal compliance failure, is perfect for the sophisticated con men. Not only does it provide a thicket of procedures to hide in, but it distracts everyone into watching the forms without time to worry about the results. All that good corporate governance in Europe let Parmalat get by with shady accounting longer than any American company. It seems like there’s a lesson there somewhere.

And here are the first two comments about this at Thought Mesh. This from “anon” (no wonder!):

“our corporate customers cannot comply with their reporting and auditing requirements.”

This is so true.

I work in networks too, and every year I get sent a questionnaire by central auditing. It always contains a question like “Do you regularly monitor your audit logs to search for [some bad event or other]?”

If you answer No (being truthful) and go on to explain why it is impossible – like for instance, the log is a squillion pages long, unsearchable free-form text, and doesn’t log [super-bad event] anyway – then they nag you to death demanding to know when you are going to start, never mind that it’s impossible etc etc.

Whereas if you answer Yes (lying) you never hear any more about it.

So guess which answer they get?

What purpose is served by this? The one you mention, I imagine – if anything goes wrong I can be screwed. Well, I will be anyway, so who cares.

And this from vbc:

You say that it seems like there is a lesson in there somewhere. There is, and it was formulated nicely by the ancient Roman, Cicero:

Excessive law is no law.

Indeed. But not “heh”.

Invisible cameras in the pavement? What is to be done?

While channel hopping in the early hours of this morning through the unwatched digital end of the British TV spectrum (no doubt that is a technologically impossible thing to do literally but I’m sure you understand), I encountered the beginnings of or an advertisement for (I switched off and am only now remembering it) one of those Kilroy-Silk type programmes in which a sleek self-important talk-leader wanders around among various people desperate to be on television talking about something too interesting and lowbrow to be of interest to the kind of people who watch analogue TV with a number like 1 or 2, such as what it is like to sleep with your nephew or why you want your grandmother to stop getting any more tattoos. This sleek Kilroy-man was called Walsh, I think. (Yes.) And, this time the subject was going to be … and here I confess to forgetting the technical term which the unwatched TV industry has coined for this phenomenon … but it was video/digital/TV cameras for looking up girls’ skirts in public places. Apparently some unfortunate girl had become the victim of one of these freelance soft porn Spielbergs and video of her bottom and underwear was even now circulating on the internet.

I don’t know exactly how the cameras are organised. Perhaps they are placed in the shoes of the filmer. Perhaps they are operated from the basements of sleazy restaurants. A particular unfortunate girl had become more unfortunate in that she had sued her voyeur-tormentors in an American court, and the court had found that although disgusting, the behaviour of the electro-digital-voyeurs was not illegal. So now the unfortunate girl was taking her case to a higher court: unwatched television.

And that was when I switched off, which I now regret. It was the most memorable and interesting thing I saw on the telly yesterday, but I only realised this today.

As I say, I don’t know how the argument then proceeded, although I do know that they had managed to entice or fake up some sleazoids willing to argue in favour of the rights of people to make movies by pointing cheap cameras up girl’s skirts. So presumably there was an argument.

What might I have said if I had found myself in the middle of such an argument? I have no idea, but here are some guesses. → Continue reading: Invisible cameras in the pavement? What is to be done?

Carr launches his ‘No Olympics’ bid

On the same day that Prime Minister Tony Blair launches London’s official bid for the Olympic Games in 2012, I hereby announce the start of my ‘No Olympics’ campaign.

“The London 2012 Olympic and Paralympic Games will enhance sport in London and the UK forever,” said bid chairman Barbara Cassani.

And, by curious coincidence, ‘forever’ is about how long we are going to have to spend paying for it. No. Non. Nein. Njet. Let the French have it. Or the Russians. Or the Brazilians. Or somebody. Anybody. Just not here. Go away. Sod off. Scram. Sling your hook. Get lost.

I think I shall call a press conference.

UPDATE: The French have also launched their official bid. Apparently, they are the favourites. Good. I support the French bid. Vive la France!

Parmalat scandal update

I suppose it had to happen. Italian legislators, no doubt hoping to look useful in the wake of the near-collapse of Italian food group Parmalat, say they need new laws to prevent the kind of abuses that have dragged the firm into the mire.

Yep, that’s the spirit. What we need is a “overhaul”, a “sweeping new set of powers”, a new super-agency with “wide-ranging” powers to prevent such things happening again.

They never learn, do they? If the public authorities had been doing their job in the first place, ie, enforce the laws preventing fraud and theft, then Parmalat would be chiefly known for its milk cartons, and not as a firm which is doomed to be known as Europe’s Enron. But I guess where there’s muck, there’s brass, as we Brits say. The firm may be teetering on the brink, but at least politicians can see the bright side and pass some impressive new laws and bolster their wonderful reputations.

No blood for burgers!

So George ‘Hitler’ Bush and his shadowy cabal of extreme right-wing neo-conservative warmongers are, once again, showing their contempt for the peace-loving, democratic will of the international community:

The United States is challenging a strategy by the World Health Organization (WHO) to tackle obesity.

Some scientists accuse President Bush’s administration of planning to water down proposed junk food regulations, in order to protect big business.

No mention of who these ‘scientists’ are, mind. Perhaps they are Indyscientists.

Anyway, I support the WHO. I think it is only reasonable and fair that I should be told what I can and cannot eat by a panel of experts from Libya, Chad, Cuba and North Korea. It’s for my own good!

War is not the health of the state

I am glad that Brian has invited readers of his article below to veer off into unrelated realms because I intend to do exactly that. Of course, I would have done so anyway but I feel better for having had Brian’s blessing.

Though this post has been sparked off by Brian’s musings, it has nothing to do with Islam. Rather I have homed in on one particular phrase which Brian has used in his post and which has been repeated ad nauseum by others. Namely:

War is the health of the state

If free-market axioms were trees then that one would be a mighty oak. Among libertarians it is an unquestioned and proven truism. An article of faith. The nearest thing we have to a party line.

However, it is a line from which I dissent. Not because I regard the process of war with any favour but rather because, like Brian, I dislike untruth and while the declaration that war is the health of the state may be comfortingly self-righteous and gallery-friendly, it is not true. → Continue reading: War is not the health of the state

In praise of the dynamic future

The Future and Its Enemies: The Growing Conflict Over Creativity, Enterprise, and Progress
Virginia Postrel
Free Press, 1999

The title, modelled (unacknowledged) from Popper, equates the future with the victory of dynamism (defined as evolution through variation, feedback and adaptation, p. xviii; “a world of constant creation, discovery and competition”) over stasis, the static state, or even a planned attempt at change, “a regulated, engineered world” (p.xiv). In the opening chapter the author points out that the situation is no longer a simple Left-Right alignment: Pat Buchanan and Jeremy Rifkin are both against such things as globalization, NAFTA, WTO, and Free Trade generally. Both want control over people and processes they disagree with and, disturbingly, with the Left wrapped up in Conservation and the Right in Conservatism, the similarity of the two concepts results in an alliance of people in search of stability.

The plight of the superbureaucrat, longing to administer what he knows is good for other people and thwarted by the market, is almost comically enunciated by Jacques Attali, who fears that as a result “Western Civilization is bound to collapse”. There is an unwillingness to admit that freedom to investigate the unknown cannot possibly guarantee the discovery of anything in particular, only an attempt to make use of what is found.

That, hearteningly, things have changed from what they were twenty to thirty years ago is instanced by the Nixon Administration’s attempts to control the price and distribution of oil and petrol and Galbraith’s dictum that entrepreneurs were no longer possible. The book is very interesting and multi-faceted in a way that makes it difficult to summarize structurally and, although it is packed with illustrations and examples, I should like to have had an examination of “externalities” and whether self-correcting mechanisms exist for such problems as environmental degradation.

Parents count for less and peers count for more

The Nurture Assumption: Why Children Turn Out the Way They Do
Judith Rich Harris
Free Press, 1998

A really worthwhile book to have. The author is very much a free-lance, though with academic training and credentials. Her thesis is roughly that sociologists have misread the origins of child development, putting excessive emphasis on family environment, ignoring or denying the genetic element, and completely failing to identify the prime importance of the “peer group”. This thesis is backed up by interpretations (more strictly re-interpretations) of large numbers of studies, making use of adoptees, identical and fraternal twins, kept together or separated, and simply family studies of sibling differences. In all of these the parental influence is, rather to the author’s regret, discovered to be minimal to nil.

Why this common (sociological) misperception? The author makes the point on the last page: we keep up with our parents and family, far less so with our peers. She rights the balance of blame away from the parents, who have borne it for a long time (she names Bruno Bettleheim as a culprit, but not, I think, R. D. Laing), pointing out that just as children react to their parents’ treatment of them, so it happens the other way round.

She makes much of the fact that the most notable and clearcut example of peer group vs family influence is language, especially as learnt by children of immigrants; their birth-language does not grow up to cope with their mature interests, but remains a language of childhood. This situation is paralleled by the acquisition of speech by non-deaf children of parents both of whom are deaf (only about 10% of children born to such parents are themselves deaf).

There are exceptions, such as cooking, which tends to be, or can be, learnt in the home. She spends considerable space refuting claims to any effect of birth-order, particularly by Sulloway (including a 25 page-length Appendix). It was interesting that she should suspect that such claims arose from the once widespread, now near-obsolete, custom of primogeniture.

The author assures us she is not kidding about the names of Ernst and Angst, on whose research she draws.

Virginia Postrel’s The Substance of Style: yes, and…?

I have now finished reading The Substance of Style: How the Rise of Aesthetic Value Is Remaking Commerce, Culture, and Consciousness by Virginia Postrel, and it has been a strange experience. The book made its way towards me garlanded with superlatives from people to whom the thing was clearly a revelation. My only reaction at the end of it was: It is all obvious and it is all true, but… so?

You know how you are often a very bad judge of your own writings? Well, I often am. There is a reason for this. It is that some of my writings are the result of thorough reflection, in which I say only that which I know to be so, and those writings seem to me very dull and obvious. I fear that all readers will react exactly as I reacted to The Substance of Style. With a weary: yes, and…? When readers are delighted or amazed by what for me were obvious mundanities but which were for them were startling revelations, so am I.

But then there are the other, less good writings, with what I think are startling revelations which have only just occurred to me. These ones I am extremely excited about. But because of my excitement I make elementary blunders of all kinds, and consequently most readers are underwhelmed.

The experience of reading The Substance of Style reminds me of this distinction, because this is a book I could have written myself. Well, not really (see below). But it does resemble my best stuff, in that to me it is obvious but that others are delighted and amazed. → Continue reading: Virginia Postrel’s The Substance of Style: yes, and…?

Why William Dalrymple says that the West is losing the War on Terrorism

The cover article of the latest New Statesman is by William Dalrymple, and is called simply Islamophobia. The value of the piece for me is that it puts the case against the current trend of US (and UK) policy as strongly as I have ever read it. War is the health of the state, and it will bring ID cards and tougher searches at airports, blah blah. Maybe so, but that hardly amounts to the collapse of civilisation as we know it. This (this being the concluding paragraphs of Dalrymple’s piece), on the other hand, just might:

Meanwhile, Tony Blair’s neoconservative chums in Washington, immune to the justifiable fears of the Muslim world, talk blithely of moving on from Iraq next year to attack Iran and Syria. They have also invited Franklin Graham, the Christian evangelist who has branded Islam a “very wicked and evil” religion, to be the official speaker at the Pentagon’s annual service – and this immediately prior to his departure for Iraq to attempt to convert the people of Baghdad to Christianity.

All the while, the paranoia and bottled-up rage in the Muslim world grows more uncontrollable, and the attacks by Islamic militants gather pace, gaining ever wider global reach and sophistication. As long as British Muslims remain at the receiving end of our rampant Islamophobia, and remain excluded from the mainstream of British life, we can expect only still greater numbers of disenfranchised Muslims in the UK to turn their back on Britain and rally to the extremists.

As Jason Burke points out at the end of his excellent book Al-Qaeda, “The greatest weapon in the war on terrorism is the courage, decency, humour and integrity of the vast proportion of the world’s 1.2 billion Muslims. It is this that is restricting the spread of al-Qaeda, not the activities of counter-terrorism experts. Without it, we are lost. There is indeed a battle between the west and men like Bin Laden. But it is not a battle for global supremacy. It is a battle for hearts and minds. And it is a battle that we, and our allies in the Muslim world, are currently losing.”

This month’s upsurge of rampant Islamophobia in Britain, widely reported in Muslim countries, is the last thing we need in such a desperately volatile climate.

That “upsurge” is the Kilroy-Silk affair, and the surge of support that K-S received, in particular, from the readers of the Daily Express, together with the increasing number of attacks of British mosques there have been lately.

The point is this. More airport searches for us, or for that matter even that military ‘quagmire’ that the opponents of military action in Iraq have been earnestly predicting and for which some may even have been hoping, is as nothing – nothing – when set beside the danger that Dalrymple is describing. What he fears is a massive influx of intelligent, educated (much of it scientifically educated) talent into the ranks of the terrorists, as a result of the thrust of Western policy towards Islam in general, and in particular as a result of the inability of anti-Islamists to make any distinction between mere Muslims, and outright terrorists. Give a dog a bad name, in other words.

I don’t like Islam one little bit, because I consider its central tenets to be untrue, and I dislike untruth. (God does not exist. Muhammed is not his prophet. Etc.) I feel similarly about Christianity. (God does not exist. God did not send his son anywhere.) I further dislike Islam because so many Muslims these days, unlike most of the Christians I have much to do with, seem to take their religion really seriously and really to believe it to be true, which I find frightening. Who knows what the hell these people will deduce from their false axioms? It only takes a tiny few. (In the past it only took a tiny few Christians to set the tone of entire centuries.) So, yes, despite the fact that I am well aware of the fact – which of course it is – that the overwhelming majority of Muslims are entirely peaceable and decent and morally blameless people, and in millions upon millions of cases I dare say a lot better people than I am, I am “Islamophobic”. So, am I helping to push the world into a pit of barbarity, just by saying such things as I do earlier in this paragraph?

Setting aside entirely the moral rights and wrongs of the matter (i.e. am I entitled to put what I put in the previous paragraph?) is current US policy (and the attitudes of people like me that accompany it), as a matter of fact, having the effect on the overwhelming majority of hitherto non-terroristic Muslims that Dalrymple describes? Is George W. Bush making Al-Qaeda recruitment harder or easier than it would otherwise have been? Is GWB frightening the Muslim world into abjuring terrorism, or enraging it into taking it up big time? In short, are we winning the War on Terrorism, or losing it?

If people want to comment on that by veering off into the realms of the related but utterly distinct matter of whether we are morally or intellectually or politically entitled to be rude to Muslims, or whether they started it, or which is worse, our Islamophobia or their anti-Semitism and anti-Great-Satanism – they should obviously feel free. I can’t stop such comments. But the great strategic question is surely: whether, as a matter of fact, people like William Dalrymple are right or wrong.

My tentative opinion has always been – i.e. since 9/11 – that whereas some Muslims are no doubt being enraged into terrorism by US policy, many more are being scared away from it. But am I right?

Samizdata quote of the day

There are two possible political morals to this. One is, don’t have schools. Children in large groups behave like troops of baboons. The other is, if you are going to have schools, have discipline.
Natalie Solent

Coming to America

It would seem for the third time in my life I am to be granted the pleasure of visiting Benjamin Franklin’s sceptred continental homeland. If there are any bloggers in the Boston MA area willing to show a certain tight-assed Brit where the tea was thrown overboard in the harbour, I am more than willing to buy them a drink, as we discuss the consequences of this immortal event.

Alternatively we can talk about the far more important merits of American beer versus British beer, if you can think of a bar suitable for such a debate!

If the US immigration service let me in, I should be at home in Massachusetts between the 26th and 29th of January.