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

EU votes yes to copyright reform

The EU, or at least 15 out of a committee of 25 MEPs, has voted yes to the link tax, censorship machines and meme banning bill, previously written about here by Natalie Solent. There is still a possibility it could be blocked. From The Next Web:

However, there is a way to change that. Plenary is the European Parliament’s tool to bring matters out of committee and put up for a vote in the Parliament itself, i.e. have all 751 MEPs vote instead of only 25. But there needs to be enough support in Parliament for this to happen, so opposers have already started campaigning for a plenary session.

Julia Reda is saying that this new vote could happen on 4th July. The Save Your Internet campaign site has information and is urging people to write to their MEPs.

The world’s governments are mostly followers of Jeremy Bentham, but most people follow Epicurus – and there is some hope in that

Most governments, whether they know the writer or not, tend to follow the assumption of the late Mr. Jeremy Bentham. They regard humans as soulless machines, not beings with free will and moral agency, and they regard the idea of rights against the State as ‘nonsense’ and natural justice itself, which is to say limiting state power, as ‘nonsense on stilts’.

To most governments and the witchdoctors in universities and media – and the establishment generally, rights are goods and services from government – not limits on the size and scope of government. They may or may not believe that there should be 13 Departments of State seeking to produce “the greatest happiness for the greatest number” like Bentham – they may believe they should be 11 Departments of State controlling society or 14 or some other number, but they agree that there should be a permanent bureaucracy which is neither elected or appointed by people who are elected (thus making elections to some extent a sham) dedicated to the Progressive agenda of spending ever more money and imposing ever more regulations. To most modern governments, and the evil establishments they represent, such works as “The New Atlantis” by the collectivist supporter of despotism Sir Francis Bacon (the mentor of Thomas Hobbes) are not horror stories – they are an inspiration, as they were for Jeremy Bentham. For more modern examples, see Richard Ely (the inspiration of both “Teddy” Roosevelt and Woodrow Wilson) and “Philip Dru: Administrator” by President Wilson’s “other self” Colonel House.

So far a depressing picture – but I do not think that most people in most countries fully share this Benthamite view of things. I think that most people are closer to the ancient Greek philosopher Epicurus. The philosopher Epicurus did not deny the Gods (he was not a materialist as Hobbes and Bentham were), but he did not stress them either – his concern was with this life. Nor did Epicurus deny moral agency: the ability to meaningfully choose – free will. On the contrary, his philosophy was based upon the principle of free will – he hoped to convince people to choose to change their lives. And how to change their lives? Not by politics – but by their own efforts and by cooperating with their friends. Not in wild orgies (the short term pleasure undermining longer term happiness)… but in the simple joys of life and friendship. About a million miles for someone like me – I am really a Stoic in my political attitudes, always looking for a noble cause to die horribly for (telling me to forget politics and “enjoy your life” is like telling acid to be alkaline), but also a million miles from a follower of Jeremy Bentham with their obsession with planning society – treating people as non-sentient (non-beings).

Take the example of a young lady I overheard whilst on a recent overseas trip. The young lady asked a friend to help her decide which bangle on a table was the most pretty – this was a very serious matter for her, indeed her face was a picture of serious consideration into what was, for her, a very serious matter. This young lady was not unintelligent (I heard her speak at least two languages with total confidence) – it was just that her concerns were not political. Her mind was not bent on the planning of society (or preventing it being planned – in a desperate stand against the forces of evil) – and making (by force and fear) everyone do what she wanted them to do. The young person’s concern was with her own happiness and the happiness of the people around her – happiness to be promoted voluntarily, not by force.

I think most people are like this – large numbers of evil people exist, but most are not. Most people are, whether they know the man’s name or not, followers of Epicurus. I am not – most people are utterly alien to me (people like Cato the Younger are my sort of people). But most people are NOT followers of Jeremy Bentham with his desire to plan society, which means that (deep down) most people are not on the same side as most modern governments and the entrenched establishments they represent.

Television and posters (and so on) is all a good example of this. It is not all socialist, ever bigger government, propaganda. Most television, posters, magazines etc. are really focused on ‘life style’, fashions, holidays, house design, clothing, food, drink…

→ Continue reading: The world’s governments are mostly followers of Jeremy Bentham, but most people follow Epicurus – and there is some hope in that

Unfortunate Adjacencies in BBC News

Yesterday, the BBC 10 o’clock news covered wicked Mr Trump’s treatment of immigrant children (which, it was implied, was very unprecedented, nor ever praised by the left). The beeb’s Washington correspondent told us that

“In a series of tweets that will further strain the transatlantic alliance”

Mr Trump asserted Germany’s immigrants were causing that country problems such as more crime,

“but that is false. Germany’s crime rate is lower than it has ever been.”

(The emphasis on the word false was in the original.)

Soon after came their coverage of Merkel’s woes. The beeb’s Europe correspondent told us that, instead of a cooperative pan-European policy (which, she seemed to be implying, was what had been needed), individual European countries had raised barriers (references to populism and stuff), so now Merkel was meeting with the Italian PM one day, the French president the next, in

“a race against time”

to salvage things in a Europe

“more disunited than ever.”

I can’t understand why Merkel doesn’t just point out to her German voters that crime in Germany is lower than ever now they’ve imported such vast numbers of people from areas where crime rates are notoriously low – uh, well, notorious, anyway. 🙂 If any wicked right-wing populist dared to question her own crime statistics, Merkel could point to the happy experiences of Austria or Sweden, and if that doesn’t do the trick, she can always quote the majestic authority of the BBC: suggesting an immigrant-related rise in crime is false.

I also can’t understand why the BBC’s correspondents don’t coordinate their narratives better. That emphatic false from the Washington correspondent at the end of his story really wanted to be further from the somewhat downbeat report from the Europe correspondent – like, in a whole different news broadcast.

[I wrote down the BBC correspondents’ words from memory immediately after the programme aired yesterday.]

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

In two days, on 20th June, the European Parliament Legal Affairs Committee will vote on the proposed Copyright Directive.

By design the process by which the European Union makes laws is opaque. They would have been quite happy to slide this past the slumbering European public, but some people have woken up to the fact that it is an ill-drafted and authoritarian piece of legislation.

Opposition within the EU is being led by Julia Reda, a German Pirate Party MEP. Here is her summary page on the proposed law. Article 11, popularly called the “link tax”, and Article 13, popularly called “censorship machines”, are particularly sinister.

As it stands Article 11 would mean the end of blogging:

Anyone using snippets of journalistic online content must first get a license from the publisher. This new right for publishers would apply for 20 years after publication.

And if you think that sounds bad, wait til you see Article 13:

– Freedom of expression limited: Upload monitoring software cannot tell infringement apart from legal uses like parody, specifically enabled by exceptions and limitations to copyright. Filters also frequently malfunction. As a result, legal content will be taken down.

– Independent creators harmed: Platforms will receive instructions as to what content to automatically remove from large commercial rightholders. When independent creators have works removed by filters that are covered by exceptions or otherwise misidentified as infringing, they will effectively be deemed “guilty until proven innocent”, having to fight to have their legal creations reinstated.

– Surveillance risk: The proposal requires the installation of what amounts to surveillance technology. Due to high development costs, content monitoring technology will likely end up being outsourced to a few large US-based providers, strengthening their market position even further and giving them direct access to the behavior of all EU users of internet platforms.

– Startup killer: This requirement places a huge burden on internet companies and discourages investment in user-generated content startups, preventing EU competition to the targeted dominant US platforms from arising, effectively locking in YouTube’s dominance. (See Allied for Startups)

– Unintended targets harmed: Community projects like Wikipedia would likely need to implement such filters, even though they only accept freely-licensed uploads. Code hosting platforms would also be affected, “undermining the foundations upon which Free and Open Source Software is built”. As would scientific repositories, “undermining the foundations of Open Access”.

Interestingly, this proposed law is bitterly opposed on the usually pro-EU Reddit Europe. See this post currently “stuck” to the top of the subreddit.

There and elsewhere I have seen commenters – particularly the young, computer literate generation that are more usually seen rolling out pro-EU banners at Labour party events – state that this issue alone has turned them against the EU. At a time when both Government and Opposition waver in their resolve to stick to the result of the referendum it is at least arguable that we should be glad when the EU’s velvet glove slips to show the iron fist underneath.

I am not going to spin this out. I think we should care. Letting freedom be significantly curtailed for 450 million people for temporary political advantage and the chance to say, “I told you so” seems a poor bargain. If the EU succeeds in passing this law, Theresa May will be taking notes. Julia Reda has a “What you can do” page. For the sake of our friends in Europe, and for our own sake here in the UK, I think that if you are a UK or EU resident you should do those things.

But perhaps you disagree?

Samizdata quote of the day

Forty years ago, in 1978, 18 farmers from the village of Xiaogang in China, met at night in secret. They had seen subsistence and famine. Exhausted and emaciated, they lacked the energy to work the collective fields as Party discipline required. A few years earlier they had seen 67 of their 120 population starve to death in the “Great Leap Forward” Now they took matters into their own hands. By flickering lights (none had seen electricity), they came forward in turn to sign a document dividing up the collective farm into individual family plots, whose owners could keep most of the proceeds of their labours.

They knew the dangers, and added a clause to the contract pledging that if any were betrayed and executed, the others would raise their children until aged 18. Following that historic contract, the village produced more food next harvest than it had in the previous 5 years combined.

Madsen Pirie

Samizdata quote of the day

Even for The Guardian managing two logical fallacies in the one editorial is pretty good going. But that’s what they achieve in this one on funding the NHS. They manage both to get the Keynesian – and by extension, modern monetary theory – idea of deficit financing wrong and also the implications of the National Health Service being the efficient manner of organising health care. Actually, this is such a misunderstanding that I suspect it’s been written by Aditya Chakrabortty

Tim Worstall

What a bloke!

Today Tory MP Christopher Chope blocked a Private Member’s Bill, supported by both the Government and the Opposition, that would have made “upskirting” a specific criminal offence. Everybody hates him now. Even Guido says,

Tory dinosaur Christopher Chope has plumbed new depths by blocking a bill to make upskirting a criminal offence. Not sure how he plans to justify that to his wife and daughter. Chope has a tedious habit of blocking Private Member’s Bills supposedly on procedural grounds. In reality he just obstructs and prevents good ideas.

Guido then lists Chope’s previous obstructions:

In addition to the upskirting bill, Chope has also blocked:

  • Pardoning Alan Turing (which was supported by The Queen);
  • Same-sex marriage;
  • An investigation into Bercow bullying allegations;
  • The use of wild animals in circus performances;
  • Blocked free hospital car parking for carers;
  • Making revenge evictions an offence.

    What a bloke.

  • UPDATE: Not content with blocking the upskirting bill, Chope just blocked another government-backed bill to make it a specific criminal offence to attack police dogs and horses.
  • So this man Chope has opposed the use of the power of the state to… make what was already illegal under general principles of law doubly illegal by naming whatever crime led the headlines last week, to solidify the belief that the promises made by one person to another need to be ratified by the state, to allow modern “lawmakers” to display their enlightenment in comparison to their predecessors, to hold an investigation to reveal what everybody knows anyway, to ban the last half dozen wild animals from circuses, and to exempt one specially sentimentalised category of person from hospital car park charges thus loading them yet further on to, you know, sick people.

    Eight times. Eight times he has stood alone against the Hydra of therapeutic laws, vote-chasing laws, sentimental laws, virtue-signalling laws and “something must be done, this is something” laws.

    What a bloke!

    Roseanne Barr denounces the regressive media

    Quite a few days ago now, Roseanne Barr tweeted this:

    The liberal media is an absolute joke – they no longer provide real news or information. They have made it their ultimate goal to undermine our dually elected president everyday. I encourage real Americans to find other reliable sources for their news and share their information.

    It seems that Roseanne is copying the technique pioneered by her “dually” elected President of the USA, by including grammatical and spelling mistakes in her tweets, thereby getting these tweets noticed and written about by pedants like me, who would probably have had nothing to say about them had they been more properly phrased.

    Even better would be if she had misspelt duly as “duelly”. Imagine POTUS being chosen by literal single combat. Hillary Clinton wouldn’t have won that either. (By the way, how do you not misspell “misspell”? Misspell doesn’t seem right. But miss-spell doesn’t seem right either.)

    See also: The liberal media “is” an absolute joke. Should be “are”, surely.

    On a more serious verbal point, I personally don’t like the way Roseanne Barr calls them the “liberal” media. I don’t like either “liberal” or “progressive” to describe people who seem to have no sane idea of what liberty or progress actually are.

    But at least Roseanne Barr refrains from calling these media the “mainstream” media. This is a usage I am starting seriously to dislike. It attributes to these very particular media a cultural dominance that they did once possess, but no longer do. “Mainstream” says to me that any other media only have significance if they are tributaries of this main stream. But now, other streams can find their own way directly to the great sea that is public opinion, with no help from that still supposedly “main” stream at all.

    I will now elaborate on what I mean.

    → Continue reading: Roseanne Barr denounces the regressive media

    Samizdata quote of the day

    Sometimes I think maybe I’m becoming too strict as I age. Maybe this is all a natural evolution of a technology. But I can’t close my eyes to what’s happening: A loss of intellectual power and diversity, and on the great potentials it could have for our troubled time. In the past, the web was powerful and serious enough to land me in jail. Today it feels like little more than entertainment. So much that even Iran doesn’t take some — Instagram, for instance — serious enough to block.

    I miss when people took time to be exposed to different opinions, and bothered to read more than a paragraph or 140 characters. I miss the days when I could write something on my own blog, publish on my own domain, without taking an equal time to promote it on numerous social networks; when nobody cared about likes and reshares.

    That’s the web I remember before jail. That’s the web we have to save.

    Hossein Derakhshan, who is speaking at State of the Net in Trieste today

    “Has the time come to do something?”

    Ah, the eternal question. Retired circuit judge Nic Madge has taken to the august pages of the Times to ask it anew in a way fitting to this age.

    Time to regulate the murder weapons in your kitchen drawer

    Barely a day passes without news of another fatal stabbing or knife attack causing serious injury. For instance, in the past month in Wolverhampton 15-year-old Keelan Wilson died from multiple stab wounds. In Northampton 17-year-old Louis-Ryan Menezes was stabbed to death in broad daylight in a crowded street. In separate incidents in Sheffield a 15-year-old, a 19-year-old and an older man were found dying from stab wounds.

    And so on for a depressing few paragraphs. If anyone had not known that violent crime persists despite the laws against it, they have no excuse for not knowing it now. He continues,

    Much has been done to combat knife crime. Possession in a public place of an article with a blade or sharp point without a good reason carries a prison sentence of up to four years. Possession of blades or pointed items on school premises is a separate offence. Anyone convicted of a second knife offence faces a mandatory minimum custodial sentence.

    Recently a new Sentencing Council guideline with tougher sentences for knife crime came into force. It is illegal to sell knives, axes or swords to anyone aged under 18. The police are taking steps to prevent internet sales to young people. In Bedfordshire many shops put such knives on shelves out of reach of customers. The police have made metal detecting arches available for schools. The police, youth offending service, schools and others are doing excellent educational and awareness work about the dangers of knife crime. The Metropolitan Police are piloting a deferred prosecution scheme for less serious offences.

    So, how is this migthy wave of banning and sentencing and “excellent awareness work”-ing working in the other sense?

    Yet these measures have almost no effect on the availability of knives to youths.

    Oh.

    A few of the blades carried are “Rambo” knives, “zombie” knives or samurai swords. These, though, are a minority. The vast majority are ordinary kitchen knives that are potential murder weapons. It is easy for any youth who wants a knife to take it from any kitchen drawer.

    Why, though, do we need 8in or 10in kitchen knives with points? Butchers and fishmongers do, but how often does a domestic chef use the point of a knife that size? Yes, we need short knives with points to fillet fish or pierce meat, but they are less likely to be lethal. Any blade can cause an injury, but slash wounds from them are rarely fatal: the points of long knives cause life-threatening and fatal injuries.

    Manufacturers, shops, the police, local authorities and the government should consider further regulating the sale of long, pointed knives. At the very least shops should sell alternatives with rounded ends. There have always been stabbings and always will be. The carrying and ready use of large, pointed knives has led to the increase in death and serious injury. Punches, kicks and attacks with blunt objects injure, but the results are less likely to be severe or fatal.

    Young lives are needlessly being cut short. Those who survive knife attacks carry physical and psychological scars. The lives of families, communities, and not forgetting the young offenders who receive lengthy sentences on conviction, are blighted by the ready availability of such knives. Has the time come to do something?

    Time for you to step back from the computer and have a relaxing hot bath to cure this fit of the vapours, m’lud.

    Or maybe not. As a highly recommended Times comment by someone called “Erasure” puts it,

    Next week: The Times makes a case for removing baths from homes;

    “You just can’t be too careful, said an HSE spokeshuman….Baths are filled with water and if you have children in your home under the age of 4 then I’m afraid the danger is too great and the bath must go………….either that or the Council will remove your children from the appalling danger. I think that is a sensible and proportionate sanction and something that I am sure all sensible, well-educated and right-on families living in Islington are in agreement about”

    Time to get some strawberries and think of Wimbledon

    As is customary on these occasions, I would like to express the hope that it will be over quickly, and that everybody loses.

    Seriously, though, if the British were serious about Brexit, they would stop playing and following this ridiculous and offensive round ball game that is so beloved of continental Europeans and Latin American thugocracies, and which in recent times has sold itself to the highest bidders in Russia and the Middle East, no matter how odious and disgusting. If you actually understood and realistically wanted to join the Anglosophere, you would disdain it. Certainly we in the rest of the English speaking world would have more respect for you if you did.

    (Yes, I know you invented it. That’s not remotely the point).

    Samizdata quote of the day

    Media breaths a sigh of relief that a raccoon climbing Union Bank of Switzerland building in Minnesota distracts public from Trump’s diplomatic success with North Korea. Next: IRS audits raccoon & announces he has a Swiss bank account & ties to Vladimir Putin #MPRaccoon

    Perry de Havilland