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]

Samizdata quote of the day

Once you give power to the government it is nearly impossible to get it back, and it will be used in ways you cannot expect.

Garry Kasparov

Samizdata quote of the day

There is an argument, I think, for having people who want “a strong leader” shot immediately on the basis that it will save the dictator time later.

– David Aaronovitch, discussing these findings by the Pew Organisation in The Times (£). Unlike Pew, neither Mr Aaronovitch nor I find it very comforting that only – only! – 26% of the UK population thinks “a system in which a strong leader can govern the country without interference from parliament or the courts would be a good way of governing this country”.

Samizdata quote of the day

Compulsive liars shouldn’t frighten you. They can harm no one, if no one listens to them. Compulsive believers, on the other hand: they should terrify you. Believers are the liars’ enablers. Their votes give the demagogue his power.

– Nick Cohen in The Observer. It is long, but you should really read the whole thing, as we say. Cohen thinks of himself as on the Left, but I say we are already beyond that. It is liberals against the rest; the rest are suddenly terrifyingly strong.

Oh, the horror of the darknet…

The New Scientist Christmas number carries an interview with Carmen Weisskopf of the Swiss group Bitnik who carried out an automated random shopping expedition on the anonymous (or anonymous-ish) ‘darknet’. A place that official propaganda would have us believe is a Mirkwood full of hidden horrors.

What about trust? Has the bot been scammed yet, and paid for good that haven’t been delivered?

No. And this shows the level of trust that is there. The people who sell on these markets are used to trusting people online, and want to get a good rating. Even the Swiss police who seized the ecstasy bought by our bot were surprised at its quality compared to that available on the streets.

Honesty is not a product of fear of the police and state surveillance – shock. Not of course news to anyone brought up before the 20th century, nor in any of the many present-day societies where official power is the leading source of corruption.

Samizdata quote of the day

What do you want?
Information.
Whose side are you on?
That would be telling. We want information… information… information.
You won’t get it.
By hook or by crook, we will.

– The Prisoner (intro written by George Markstein, as far as we know)

[youtube https://www.youtube.com/watch?v=zalndXdxriI&w=420&h=315]

 

Samizdata quote of the day

Some might say “I don’t care if they violate my privacy; I’ve got nothing to hide.” Help them understand that they are misunderstanding the fundamental nature of human rights. Nobody needs to justify why they “need” a right: the burden of justification falls on the one seeking to infringe upon the right. But even if they did, you can’t give away the rights of others because they’re not useful to you. More simply, the majority cannot vote away the natural rights of the minority.

But even if they could, help them think for a moment about what they’re saying. Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.

Edward Snowden

Samizdata quote of the day

To people saying “pulling The Interview means the terrorists won”: we’ve been taking our shoes off at airports for no reason for 14 years…

– @ozchrisrock (Not the real Mr Rock, but as quotable.)

It was slightly quicker to go from London to New York 55 years ago on a de Havilland Comet, including the refuelling stop in the middle, than to go direct on a modern airliner and take in the two security theatre performances at either end.

The Human Rights Act as a constitution of liberty [no, really]

(This is the text of a talk I gave at the Adam Smith Institute last week. More than one person has asked me for it, so I make it available here.)

I am here to defend the Human Rights Act. It is not an idealistic defence but a pragmatic defence, rooted in historical context. Should classical liberals support the Human Rights Act against repeal? Do we need it? My answer is yes.

Our reactions to phrases become readily conditioned. And so it has been with “human rights”. Let us remember for a moment that the full title of the agreement that is under siege here is the Convention for the Protection of Human Rights and Fundamental Freedoms. If it were called the Fundamental Freedoms Act would it be as easy to undermine?

Sad to say ‘human rights’ do have a bad name, and they have that bad name for good reasons. Their strongest proponents often do the most harm to their reputation – not because of the legal content of what they say, but of their approach to the law.

This comes in two forms which sometimes overlap: the rarer is soft revolutionism from the far left – human rights as a transitional demand. This approach makes human rights a movement more than a doctrine or legal concept.… a means to control the terms of any political debate.

More common is a not entirely conscious belief that human rights and the Human Rights Act in particular embody the truth, the whole truth and nothing but the truth of how states should treat people. It’s a sort of human-rights fundamentalism, a desire for revealed wisdom in which “but that is contrary to Art 6” is a morally conclusive statement.

→ Continue reading: The Human Rights Act as a constitution of liberty [no, really]

Samizdata quote of the day

[W]ere the electorate solely composed of those stuffed with sciences their votes would be no better than those emitted at present. They would be guided in the main by their sentiments and party spirit. We should be spared none of the difficulties we now have to contend with, and we should certainly be subjected to the oppressive tyranny of castes.

– Gustave LeBon, The Crowd (1895). Naked populism and rule by experts and officials are not necessarily all that different. The mechanisms and structures through which, and the culture within which, power is exercised may matter more.

Samizdata quote of the day

What is it about being Home Secretary that turns people into fucking fascists?

– Tim Worstall, apropos this. Though it might equally apply to this or most of this. It is time the Home Office was renamed in accordance with its actual mission. Bureau of State Security (BOSS) would do nicely, now there’s no chance of confusion.

Social Darwinism

If one gets into a discussion of evolution by means of natural selection with politically-minded people, and evolutionary mechanisms in economics and society come up, then those who consider themselves on the left, or ‘caring’, are highly likely—as surely as Godwin’s Law—to start emphasising that evolution proceeds not only by individual selection, but by group selection. The point intended by this trope is that group selection is how caring collectivity succeeds, and that market, and other pointwise-negotiated, institutions—what with their brutish know-nothing insistence on competition and individual benefit as the measure of all things—are arbitrary, unnecessarily harsh, and retard progress.

Be careful what you wish for. Consider for a moment the social mechanisms we see everywhere that are calculated to the collective advantage of one gene pool over another. They are particularistic institutions with little truck with equality of treatment: the clan; the tribe; religious exclusivity; in-marriage, family honour and sexual repression; suspicion of outsiders; vendetta; genocide.

I’ll stick with ‘the tyranny of choice’, thank-you.

An imaginary emergency

As the rest of the world becomes more skeptical about mass surveillance, there is one country where it is seldom ever mentioned, except to babble about the need for more of it. The country that the romantic conservative Daniel Hannan says “invented freedom“: Britain.

The latest symptom of the “polite and commercial people” of Britain’s complacent unconcern with freedom and privacy is emergency legislation to be passed through all parliamentary stages early next week, the Data Retention and Investigatory Powers Bill or Act, as we shall have to call it almost immediately. There is little doubt this will happen. All three major parties are agreed they will drive it through.

The “emergency” is a confection. It is ostensibly because of a legal challenge to regulations under an EU directive which was invalidated by the European Court of Justice – which took place in April. So obviously it has to be dealt with by hurried legislation to be passed without scrutiny and not even adumbrated in public till Wednesday. This is the order of events:

  • 8th April – ECJ declares Data Retention Directive 2006/24/EC invalid – in theory telcos and ISPs no longer required to gather certain data
  • …wait for it…
  • 7th July – Rumours surface in the press that “something will be done”
  • 9th July – The Sun in the afternoon carries a “security beat privacy” piece boosting the scheme as the only way to beat terrorists and paedophiles.
  • 10th July,  8am – Emergency cabinet meeting briefs senior ministers.
  • 10th July,  11.18am – Bill becomes available on gov.uk website (still not available via parliament), Home Secretary makes statement in parliament.
  • 11th July (Friday), 4pm – Draft regulations to be made under the Bill as soon as it is enacted made available.
  • 15th July (Tuesday) – All House of Commons Stages of the Bill (normally about 4 months).

The pretext, reinstating these regulations (which the Home Office has claimed are still subsisting in the UK anyway) is hard to accept as “vital”. Other countries manage fine without them, and they only existed at all because of some bullying by the UK of other EU states after the 7th July 2005 bombings. I covered this background in an article for City AM written on Thursday. But since then we have had a chance to read what is proposed.

Reinstating the regulations – or anchoring them against legal challenge, since they are still operating – would be simple. The new Bill need only say that parliament enacts the content of the regulations as primary Act of the UK parliament. I wouldn’t be pleased. But it would be doing what was required by the ostensible emergency. That however is not what is happening. The new Bill would broaden the regulations and the scope of the Regulation of Investigatory Powers Act under which most state snooping in Britain is conducted and give the Home Secretary powers radically to expand the data required, by further regulations. It is a move in the direction of the supercharged surveillance regime set out in the Communications Data Bill, which was dropped as too controversial ante-Snowden. The clearest detailed analysis is by David Allen Green in the FT, he says:

The removals of civil liberties, and the encroachments of the state, are rarely sudden and dramatic. It is often a subtle change of legal form here, and the deft widening of legal definitions there. And before one knows it, the overall legal regime has changed to the advantage of officials and the otherwise powerful, and all we have done is nod-along as it happens.

I fear it is worse than that. Politicians and press have been so comprehensively suckered that some who would normally stand up for civil liberties are burbling about how “it offers [the] chance to bring rise of surveillance state under democratic control”. DRIP.

The Liberal Democrat politicians who have been most reliable n this topic all appear to have been bought off with a sunset clause and the ludicrous promise of “a review”, even though they have now had several years of experience of arrant avoidance of their questions by the intelligence services. DRIP

Even this cannot persuade them that the security state (sometimes called the “deep state”, though that flatters its dysfunctional smugness) is mocking them. DRIP.

Our permanent establishment in Whitehall treats ministers with condescension, and mere parliamentarians with the same contempt it reserves for ordinary citizens. But those in public life need to believe the state is their honest servant. DRIPS!