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]

Pitiful returns, regulatory hassle, unpredictable taxes – why Santander is on the point of quitting

In the Telegraph’s business section, Matthew Lynn writes about why Santander is thinking of leaving the UK:

Santander’s departure would certainly come as a crushing blow to Rachel Reeves’s ambition to turn the UK into the fastest growing economy in the G7. It emerged during the week that the Spanish bank, a familiar presence in the UK since it acquired Abbey National back in 2004, was considering getting out of the country.

It is not hard to understand why. The returns are pitiful, the regulations are a hassle, costs are rising all the time, and even if profitability does improve, there’s a risk the Government will accuse it of “profiteering” and confiscate whatever money it does manage to make with an extra windfall tax.

For a global bank such as Santander, there are better opportunities elsewhere. It has 76m customers already in South America, for example, and that would seem a better place to deploy its capital, not to mention management time, than the UK.

True, Botin [Santander’s executive chairman] moved quickly to dismiss the reports, telling a panel in Davos how much she loved the UK, and how the bank was committed to the British market for the long term. But then again, she would say that. Nothing will be confirmed until the day a final decision is made.

And yet the simple truth is this. It is a shocking indicator of how poor the prospects are in the UK market that a major corporation such as Santander is even thinking about leaving.

Every breath you take, every stroke you make

Sometimes the Guardian shows flashes of its old persona as a guardian of liberty. Publishing this article by Apostolis Fotiadis was one example:

The EU wants to scan every message sent in Europe. Will that really make us safer?

In my 20 years of being a reporter, I have rarely come across anything that feels so important – and yet so widely unnoticed. I’ve been following the attempt to create a Europe-wide apparatus that could lead to mass surveillance. The idea is for every digital platform – from Facebook to Signal, Snapchat and WhatsApp, to cloud and online gaming websites – to scan users’ communications.

This involves the use of technology that will essentially render the idea of encryption meaningless. The stated reason is to detect and report the sharing of child sexual abuse material (CSAM) on digital platforms and in their users’ private chats. But the implications for our privacy and security are staggering.

Since 2022, EU policymakers have attempted to push the legislation, called the regulation to prevent and combat child sexual abuse (better known as the CSAM regulation proposal), through. Similar attempts to introduce the tech in Britain via the online safety bill were abandoned at the 11th hour, with the UK government admitting it is not possible to scan users’ messages in this way without compromising their privacy.

Cybersecurity experts have already made their opinions clear. Rolling out the technology will introduce flaws that could undermine digital security. Researchers based at Imperial College London have shown systems that scan images en masse could be quietly tweaked to perform facial recognition on user devices without the user’s knowledge. They have warned there are probably more vulnerabilities in such technologies that have yet to be identified.

The title of this post referred to this story: “Britain’s biggest choir ditches Every Breath You Take over ‘abusive’ lyrics”

The song, which was written by Sting and released in 1983, is considered by some to be a stalkers’ anthem.

Sting has admitted that the words – “Every breath you take/ And every move you make/ Every bond you break/ Every step you take/ I’ll be watching you” – have “sinister” overtones.

Samizdata quote of the day – UK home-schooling edition

“Now of course it’s true that the nature of home-schooling will vary family by family. That is precisely the point of it.”

David Frost, Daily Telegraph, warning about the move by the UK government to try and severely curtail home-schooling, which he correctly identifies as a way to enforce ideological conformity on the education of the young – something that the Left (and sometimes also on the Right too) has long sought. Frost writers about the Children’s Wellbeing and Schools Bill.

Samizdata quote of the day – the deceivers

So, to summarize: it turns out that the “deceivers” were never the energy companies to begin with. Rather, New York City attempted to deceive the legal system by taking information out of context in order to name and shame American energy companies. While unfortunate, this activity isn’t surprising considering the City’s law firm, Sher Edling, is currently under Congressional investigation for its dark money financing and questionable ties to activist-academics.

Mandi Risko

Oh, THAT two-tier justice

“Jeremy Corbyn egging: Brexiteer jailed for 28 days”, the BBC reported on 25th March 2019.

“Woman sentenced for hurling milkshake at Farage”, the BBC reports today.

Notice that the BBC report about Jeremy Corbyn’s attacker specified in the headline exactly how long John Murphy was sent to jail for. In contrast, today’s BBC report about Nigel Farage’s attacker, Victoria Thomas Bowen, just says she was “sentenced”. Most people read only the headlines of news stories, and therefore are probably left with the impression that she was sentenced to jail time, as John Murphy was for a similar crime. She wasn’t. Victoria Thomas Bowen was given a suspended sentence.

Oh, and one mustn’t forget that she must complete 15 “rehabilitation activity requirement days”, which usually means something like an anger management course, and pay Farage a massive victim surcharge of £154.

Two British MPs, Jo Cox and Sir David Amess, have been assassinated in recent years. After both murders we heard fervent declarations that attacks on politicians were utterly unacceptable in Our Democracy. Of course we now know that neither Murphy or Thomas-Bowen intended to kill or seriously injure their victims. But when a person is struck by something thrown at them, they do not know at the moment of impact that the missile is harmless.

UPDATE: When I first saw people on Twitter pointing out the judge’s South Asian name, I dismissed the comments as the sort of snide racism that bedevils right wing Twitter. However Toby Young has assembled a list of six judgements by Senior District Judge Tan Ikram that are more than enough to give a rational person cause to doubt his impartiality.

He was last in the news six months ago:

A senior judge has been handed a formal misconduct warning for ‘liking’ a Linkedin post calling for a free Palestine, shortly before he oversaw the criminal trial of three women who displayed paraglider images at a protest.

Deputy Chief Magistrate Tan Ikram found defendants Heba Alhayek, 29, Pauline Ankunda, 26, and Noimutu Olayinka Taiwo, 27, guilty of a terror offence at a pro-Palestinian march in central London, a week after Hamas had carried out the October 7 attack in Israel.

The judge’s handling of the case came in for criticism after he handed conditional discharges to the women and commented that they had “well learned” their lesson.

His impartiality was then called into question when it emerged he had previously ‘liked’ the LinkedIn message from a barrister which read: “Free Free Palestine. To the Israeli terrorist both in the United Kingdom, the United States, and of course Israel you can run, you can bomb but you cannot hide – justice will be coming for you.”

(While I was making this update, commenter John independently brought up the topic of Judge Ikram’s record.)

You are forbidden to listen to foreigners!

I saw this comment by Paul Marks to the previous post and thought, “This is huge. Why isn’t this story the main headline on every news outlet?”

It is being reported, somewhat less prominently than the Princess of Wales going to a carol concert. Heartwarming though that is, I would have thought that the fact that a Romanian court has annulled the first round of their presidential election because the Russians allegedly “ran a coordinated online campaign to promote the far-right outsider who won the first round” was bigger news.

So what if they did? Where did this idea come from that the people of a country are not allowed to watch, read or listen to foreigners attempting to persuade them how to vote? Well, certain foreigners at least – those who promote this information Juche never seem to have a problem with the European Union’s taxpayer-funded propagation of its opinion.

“The EU proposal to scan all your WhatsApp chats is back on the agenda”

And not just “on the agenda” in general, on today’s agenda at the European Council, “where national ministers from each EU country meet to negotiate and adopt EU laws”.

They never give up, and with “they” being the European Union, they only have to win once.

Tech Radar reports,

The EU proposal to scan all your private communications to halt the spread of child sexual abuse material (CSAM) is back on regulators’ agenda – again.

What’s been deemed by critics as Chat Control has seen many twists and turns since the European Commission presented the first version of the draft bill in May 2022. The latest development came in October 2024, when a last-minute decision by the Netherlands to abstain from the vote prompted the Hungarian Council Presidency to remove the matter from the planned discussion.

Now, about two months later, the controversial proposal has returned and is amongst the topics the EU Council is set to discuss today, December 4, 2024. EU members are also expected to express their vote on Friday, December 6.

That’s today, kids.

As mentioned, lawmakers have implemented some changes to the EU CSAM bill amid growing criticism from the privacy, tech, and political benches.

Initially, the plan was to require messaging services and email providers to scan all your messages on the lookout for illegal material – no matter if these were encrypted, like WhatsApp or Signal chats, for example, to ensure that communications remain private between the sender and receiver.

Lawmakers suggested employing what’s known as client side-scanning, a technique that experts, including some of the best VPN providers and messaging apps, have long warned against as it cannot be executed without breaking encryption protection. Even the UK halted this requirement under its Online Safety Act until “it’s technically feasible to do so.”

Fast-forward to June 2024, the second version of the EU proposal aims to target shared photos, videos, and URLs instead of text and audio messages upon users’ permission. There’s a caveat, though – you must consent to the shared material being scanned before being encrypted to keep using the functionality.

We had to overturn our liberal democratic order in order to save it from being overturned

I did not see this coming: “South Korea’s president declares emergency martial law”, reports the BBC.

Yoon Suk Yeol, the South Korean president, is quoted as saying, “Our National Assembly has become a haven for criminals, a den of legislative dictatorship that seeks to paralyse the judicial and administrative systems and overturn our liberal democratic order.”

Sounds like projection to me.

Can anyone explain what is going on? Is there really any more of a threat from North Korea than there always is, or is it all to do with domestic politics?

Update: Lawmakers in South Korea vote to lift the martial law decree. The Guardian link says,

South Korea’s parliament, with 190 of its 300 members present, just passed a motion requiring the martial law declared by President Yoon Suk Yeol to be lifted.

All 190 lawmakers present voted to lift the measure, according to CNN.

Much depends on which 190 lawmakers were present. If the very fact that they were still in the parliament building after martial law was declared was because they they were from the opposition, President Yoon will dismiss it – although the 190 being an absolute majority of South Korea’s MPs does give their vote moral weight.

If it was a broad spread of MPs from several parties, this vote might mean the end of the coup. Either way, it is troubling to realise that a country that everyone thought was a stable democracy isn’t.

Did democracy stop being cool or something?

Mark Andreessen on Joe Rogan

There are many good Joe Rogan podcasts and this week’s episode with Mark Andreessen as the guest (opens Spotify if you have it) is right up there among them. I have to confess I didn’t know who Mark Andreessen was beforehand and I didn’t know who he was afterwards. Something in the Valley I guess but what he had to say – assuming it’s true of course – was dynamite. Government persecution of crypto, AI and anyone else it didn’t like. The government making Americans fat. Isn’t it odd how the health bureaucrats all look so unhealthy? I’m not sure about that one to be honest. Further research needed. Also, the importance of Elon Musk in not only giving us normies a voice but also the tech sector.

Always check what they actually said

The Daily Mirror has an exclusive: “EXCLUSIVE: Farmer protest organiser was behind racist and homophobic posts online”

An organiser of this week’s Farmers’ protest in London wrote historic messages including racist and homophobic language online attacking Labour voters, it can be revealed.

“It can be revealed” – this looks like it’s going to be spicy.

Clive Bailye, one of the five farmers who organised the march in the capital, is founder of online community The Farming Forum.

But a Mirror investigation found Mr Bailye had posted a series of remarks using racist language, and disparaging remarks towards people with disabilities, the unemployed and LGBT people.

During the 2019 general election, Mr Bailye suggested “only a disabled, unemployed, black, LGBT, transgender, non tax paying, homeless, vegan immigrant in immediate need of NHS help” would vote for Labour.

I’m waiting for the part where Mr Bailye actually says that being a disabled, unemployed, black, LGBT, transgender, non tax paying, homeless, vegan immigrant in immediate need of NHS help is bad. Unless the Mirror thinks that voting Labour is bad?

In other disparaging comments about race, gender, religion, and disabled people, Mr Bailye suggested “the way to get something done is to claim […] you tripped an suffered injury […] maybe throw in something about being a disabled, transsexual, black, muslim, vegan with learning difficulties while your at it”.

Again, that is an assertion about how claiming to be any of those things gets more favourable treatment, not an actual insult to the groups concerned.

In more recent posts, this summer – in the fall out of riots across England – Mr Bailye posted asking whether “if accused of being far right / anti immigrant hate speech in court do we think saying “i’m on the spectrum” would get you off ?”.

Well, would it? The question is not unreasonable. The official guidelines of the Sentencing Council for England and Wales on sentencing offenders with mental disorders, developmental disorders, or neurological impairments state that the fact that an offender has such a condition should always be considered by the court, although it will not necessarily have an impact on sentencing. It is certainly commonplace for people in the dock to put forward their autism as a mitigating factor.

He also repeated a conspiracy theory in the same post, saying “We have two tier law in this country it seems”.

If belief in the existence of “two-tier law” in the UK is a conspiracy theory, it is one that half the country shares.

“Schwachkopf”

A German man named Stefan Niehoff used a parody of a shampoo advertisement to put forward the view on Twitter that Germany’s Minister of Economic Affairs and Climate Action, Robert Habeck, was a moron – or a “Schwachkopf” in the original German.

That did not please Mr Habeck. As has become customary for German government ministers since the Covid pandemic, he decided to retaliate against an ordinary citizen who had mocked him by filing a criminal complaint against Mr Niehoff for “hate crime”, and arranging for two cops to turn up at the latter’s house at six fifteen one morning.

Many such incidents of repression in Germany have been chronicled by the German blogger “Eugyppius”. In his latest article, simply titled “Schwachkopf”, Eugyppius writes,

Our Green Minister of Economic Affairs Robert Habeck has been bringing criminal speech complaints against his critics for years. As of August 2024, he had filed 805 such charges – well over half of the total raised by all cabinet ministers since September 2021 combined.

Even in Germany as it now is, on its own that attempt to bring the criminal law down on someone for insulting a politician might have provoked enough ridicule to deter Mr Habeck from proceeding. But Habeck had another card up his sleeve – or rather, his membership of the ruling class gave him the power to keep turning over cards until he found one he could use.

In the course of the trawl through Niehoff’s Twitter history that Mr Habeck got his friends in the police to carry out in support of his hate crime prosecution, some bright spark turned up something that they could twist against Niehoff in the fashion of the American media talking about Donald Trump.

Some time before calling Mr Habeck a “Schwachkopf”, Stefan Niehoff had posted another tweet, this time in opposition to a boycott by left-wingers of the dairy brand Müller. Niehoff posted a pair of pictures of stickers plastered over supermarket shelves that urged people not to buy Müller products, juxtaposed against a historical photo from the Nazi era showing a man in SS or SA uniform holding a placard with the words “Germans, do not buy from Jews!”. Niehoff gave the whole group of photos the caption “We’ve seen it all before!”.

Do you think that Mr Niehoff’s use of a picture of a Nazi in that tweet demonstrated that he (a) did, or (b) did not admire the Nazis?

Any normal person would say (b). I have no doubt that the German authorities know perfectly well that Niehoff’s tweet was anti-Nazi. But they could suck up to Habeck and make his charges look less moronic by pretending to think (a). So that’s what they did. They announced that they were not just investigating Niehoff for insulting a member of the government, but also for incitement. Anti-semitic incitement. As Eugyppius writes,

Plainly, Niehoff meant only to compare the Müller boycott to Nazi boycotts against Jews by way of rejecting both of them. That might be in poor taste and I certainly wouldn’t argue this way, but I also can’t see how this tweet has anything to do with criminal statutes against incitement.

What happened here is clear enough: Insulting cabinet ministers may, if you squint, count as online “hate speech,” but it does not remotely qualify for the Eleventh Action Day Against Antisemitic Internet Hate Crimes. To improve their enforcement statistics against the kind of crimes that really generate headlines, while at the same time persecuting the Green Minister’s online detractors, our Bamberg prosecutors went poking around Niehoff’s account for a minimally plausible post that would justify putting him in the precious antisemitism column.

There is an amusing silver lining to this dark cloud of moronic malice. Click on the link to the word “Schwachkopf” above to find out what it is.

Yesterday in Prague…

…Czechs celebrated the events that kicked off the Velvet Revolution and the eventual overthrow of Communism. I find it sadly ironic that here I live, in once-communist Prague, where unlike the United Kingdom circa 2024, I can make an unkind or just politically incorrect remark online in confidence the police will not at some point show up on my doorstep to harass or even arrest me.