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]

Leaving the EU – a Jersey jaunt and a Guernsey gallivant

Rightly not trusting our leaders to deliver on their statements (there were, IFUC, no promises about leaving the EU from Mrs May), the Sage of Kettering and I have left the EU in that recently, we have visited our nearest escape hole, the Channel Islands. A fleeting visit, one day in each, but we have seen a future, and it works, more or less. For our more distant readers, Jersey and Guernsey are ‘Crown Dependencies’, historically part of the Duchy of Normandy, owing allegiance to the British Crown but not part of the UK. The UK government has arrogated to itself the overlordship of the islands, holding responsibility for foreign affairs and defence (well, sort of, as we shall see), but the two Bailiwicks are otherwise independent jurisdictions with autonomy in most areas, crucially taxation, and are outside of the European Union, albeit within EU Customs arrangements, allowing them to trade with the EU. Here, they say, the Queen is the Duke of Normandy, although monuments refer to ‘la Reine’. She is the only Duke I can think of married to a Duke. Whether or not they can simply declare independence is constitutionally unclear, but with Labour dangerously close to power, they might be advised to make some plans.

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Oh, beware my Country

Build on the flanks of Etna where the sullen smoke-puffs float —
Or bathe in tropic waters where the lean fin dogs the boat —
Cock the gun that is not loaded, cook the frozen dynamite —
But oh, beware my Country, when my Country grows polite!

Thus ends Kipling’s poem on our national habit of becoming very polite when we are about to lose our temper.

Yesterday’s ‘March of Enraged Brexitters’ was polite. ‘Cheerfully furious’, was how someone described the chairman of one Tory constituency association who was there. Reports agree the rage was very real – and self-controlled.

Over in the US a few years ago, Tea Party marches made a similar contrast to left-wing protests (‘left areas tidier than when they arrived’ versus ‘vandalism and arson’) – which did not in the least stop politicians and the media inventing lies against the Tea Party and shrugging it off when caught. When it was clear the PC would report polite dissenters as if they were were rioting racist thugs, they did not (fortunately) get rioting racist thugs (because their understanding of their opponents was zero) but they did get something a little less restrained: Trump and his supporters were not so polite to them.

On our side of the pond, Parliament (Labour and Tory alike) promised us something very specific, as formally and solemnly as possible, in speech, proclamation and manifesto, before the referendum (if we voted for it) and before the election (unconditionally). Promising something and then taking it away is a great way to get people angry.

So, I admire the restraint of “cheerful fury”, but, between the lessons of our national character and the lessons of the Tea Party evolving into the Trump coalition, I think Parliament unwise to go on provoking it. But I also think that if Parliament were wise, we were not be where we are now.

Samizdata quote of the day

“The irony of Europhiles is that they replace one form of nationalism with another: “country first”, is out, but “Europe first” is in.”

Nathan Pinkoski. He analyses a recent speech by French president Emmanuel Macron that deserves far more scrutiny than it is getting.

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.)