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]

A cross-party group of Green, Labour and progressive Conservative MPs have finally seen the light and are demanding deficit reduction

I thought this day would never come!

New laws should be checked against a “compassion threshold”, to ensure they will not harm future generations or the most vulnerable in society, a cross-party group of MPs will argue this week.

At last “progressives” have acknowledged that to run up the UK deficit by reckless government spending is to bribe the present electorate at the expense of ruinous consequences for future generations. I do not know what caused the likes of the Green Party’s only MP Caroline Lucas, the Labour MP Thangham Debonnaire, or the famously wet Tory MP Tracey Crouch to belatedly see the wisdom of the US Tea Party movement and Senator Rand Paul’s Balanced Budget Amendment, but whatever caused this Damascene conversion, it is most welcome.

Naturally these generally left-wing MPs see the proposed “Compassion Threshold” that would bind this and all future Parliaments in what laws they can pass as primarily affecting issues of more traditional concern to the Left:

From rising levels of rough sleeping to the rollout of universal credit, there are a growing number of issues that campaigners believe underline the unintended consequences of policymaking on the most vulnerable in society.

Backers of the idea of the compassion bill say they hope it would allow those affected to bring legal action, as they can when they believe their human rights are being breached, for example.

But since it should obvious to anyone how readily this proposed law could be used to enforce stringent budget responsibility on future governments, including what may very well be our next Labour government under Jeremy Corbyn and John McDonnell, let us wish the sponsors of the Bill every success.

The UK has declared a “climate emergency”, apparently

Jeremy Corbyn on Twitter:

Labour has just forced the UK Parliament to declare a #ClimateEmergency.

Real politics comes from the ground up, and that’s what today has shown.

An emergency does not have to be a catastrophe – we now need a Green Industrial Revolution that will reprogramme our economy.

All flights are grounded, today’s local elections have been indefinitely suspended, and jury trials will be replaced by military tribunals for the duration of the emergency. Citizens failing to report to their local branch of the Sustainable Farming Commission for voluntary labour service will be docked ten points of social credit.

Commenting on this post is forbidden. The internet will be closing shortly.

Lego vs Lepin

I like Lego. It is nostalgic. It is a good quality product: the bricks fit together just so. It has a certain feel to it. I like the product design. I like the Ninjago and the Technic. I like the movies. I do not want Lego to change. I do not want to hear about them taking the monosodium glutamate out of the bricks to save the environment because I know the world will be a worse place as a result: the bricks will not feel the same or they will not last as long or they will not fit together in quite the same way. I get warm fuzzy feelings about the company. I do not want them cutting costs or laying off staff or going out of business.

I do not like Lepin. Lepin is a Chinese company who copy Lego sets piece for piece, slightly change the artwork into a bizarre alternate reality version of the original artwork, and sell them for a fraction of the price. It is an inferior product: the bricks do not fit together so well, the plastic is not so durable, there is probably a greater chance of having a set with a missing piece, there are reports of strange residue on the bricks. More importantly, if other consumers do not mind these things as much as I do and do not love genuine original Lego as much as I do, I am more likely to find myself living in a universe where original genuine Lego is not as good as it is now because it is pressured into cost-cutting, just as I find myself living in a universe where Nik Naks don’t contain monosodium glutamate for some unfathomable reason.

Chinese police raided Lepin factories in China, arrested people and seized goods. Now people are saying that Lepin is no more. It is the end of Lepin and Lego is saved. Hurray!

But I am not sure how happy to be about state violence against non-violent people who did no more than copy an idea. I am ambivalent about intellectual property. Lepin did not take anything that Lego had not already given away the moment they published their designs. A lot of activists complain about digital rights management. I see it as an elegant non-violent method to preserve a revenue stream for a product that is by its nature infinitely copy-able. DRM is much better than inducing the state to lock up people who threaten your business model. It does not really work for designs for physical objects but despite my concerns above I am not convinced this is a big enough problem to warrant a large state apparatus just to solve it. Lepin bricks are, after all, only viable because they are cheaper, and only cheaper because they are inferior. As much as I enjoy living in a universe with monosodium glutamate snacks and real Lego, raids and arrests and seizures is not a good price to pay for this.

Another question that arises out of this: why now? Is the Chinese state making a renewed effort to align with the rest of the western world’s ideas about intellectual property, or did the owners of the Lepin factory recently stop paying their dues to the state?

Samizdata quote of the day

To a great extent, the threat to free speech posed by iPlod will depend upon how its employees exercise their discretion and whether they’re politically neutral. Unfortunately, it will be staffed by the same sort of quangocrats that run the Advertising Standards Authority, the Equalities and Human Rights Commission and Public Health England, and we know from experience that these busybodies will use whatever powers they have to extend the reach of the nanny state. That nearly always involves enforcing left-wing orthodoxy, whether consciously or not.

Toby Young

Samizdata quote of the day

Canute’s point wasn’t that he could control the tides and waves. Rather, that fawning courtiers needed to learn the lesson of the limit to State competence. A thousand years later we’re still waiting for the lesson to sink in.

Tim Worstall

What do people think of Open Rights Group?

The White Paper expresses a clear desire for tech companies to “design in safety”. As the process of consultation now begins, we call on DCMS to “design in fundamental rights”. Freedom of expression is itself a framework, and must not be lightly glossed over. We welcome the opportunity to engage with DCMS further on this topic: before policy ideas become entrenched, the government should consider deeply whether these will truly achieve outcomes that are good for everyone.

– remarks by Jim Killock and Amy Shepherd on the ORG site.

Seems to me that ORG thinks the ‘Online Harms Strategy’ just needs to be written better rather than the very notion of the government poking its nose into the internet is an abomination that needs to die in a fire. I have not followed the ORG closely, so am I being unfairly critical? Perhaps I am just allergic to the incredibly dangerous ‘positive rights’ language I see in some ORG articles. Opinions?

The King of Spain is belatedly singeing many a landlord’s beard…

Mr Ed: This post is made on behalf of Paul Marks, the Sage of Kettering, as he appears to have some issues with posting. I have put my pennyworth in.

Centuries ago the Kings of Spain forbad landlords to remove tenants at the end of their tenancy contract (at least in Castile) – the Kings wanted to be seen as the “friends of the poor”. This was the true start of the decline of Castile and it spread to Latin America – where landlords just became interested in collecting-the-rent rather than improving their estates (as it was not lawful for them to remove tenants). Soon rents became “customary” – fixed under the “just price” doctrine, close kin of the “fair wage” doctrine.

Spain and Latin America lagged behind the Common Law world not because Spanish is somehow an inferior language to English – but because Spanish law became inferior to the Common Law which was based upon Freedom-of-Contract not “Social Justice” with its “just price”, “fair wage” and “security of tenure” (regardless of contract). The government of British Prime Minister Theresa May now seeks to copy the “Spanish Practices” of centuries ago – by making contracts meaningless. For example, if a tenant can not be removed after the term of their contract (their tenancy) is over then only a fool would let out a property in the first place. What is intended to “reduce homelessness” will end up increasing it.

Mr Ed: This piece on Conservativehome sets out the aptly-named Secretary of State’s view, Mr Brokenshire, he is indeed going to scour the Shires, and the towns and cities too. Someone said rent control was the second-surest way to destroy a city after carpet bombing.

James Brokenshire: Why we have decided to abolish no fault evictions

The legal position (England and, I think, Wales but it may be devolved) is not set out very well in the piece, so the explanation on the government’s website is here. Basically, the legal mechanism is a Section 21 notice, whereby a property owner can evict a tenant after a 6-month tenancy has ended, i.e. it has run its minimum term, or when it is of indefinite duration. This is to be abolished, leaving in place the much less effective Section 8 Notice, whereby tenants can play cat-and-mouse by not paying rent, then paying arrears and stopping an eviction, amongst other things.

Bastiat’s ‘What is seen and what is not seen’ might seem to be the issue here, but I fear that there are those who will not ‘see’ when it does not suit them, and unlike Nelson, it is from cowardice and calculation.

Of course, if the Sage is right, Mrs May is making England that little bit more like Venezuela, singeing Mr Corbyn’s beard and stealing his clothes.

Samizdata quote of the day

But in the post-war period, rights have been transformed from negative freedoms to positive goods for the individual, such as education and employment, and then to positive goods for groups, including the protection of identities. With each step there has been a move away from holding the authority of the state to account, towards empowering the state over goods which it is increasingly difficult to guarantee. The result is that the state has become more coercive in its attempts to deliver those goods.

Don Trubshaw

Her Britannic Majesty’s Government should do something….

British woman faces Dubai jail over Facebook ‘horse’ insult

Shocking news from Dubai, a British woman, formerly an expat in Dubai, has been arrested there and is facing up to 2 years in jail, after travelling to her ex-husband’s funeral. This is an ex-husband whose new wife she had allegedly rudely deprecated on Facebook (whilst in the UK).

Ms Shahravesh was married to her ex-husband for 18 years, during which time she lived in the United Arab Emirates for eight months, according to the campaign group Detained in Dubai.
While she returned to the UK with her daughter, her husband stayed in the United Arab Emirates, and the couple got divorced.
Ms Sharavesh discovered her ex-husband was remarrying when she saw photos of the new couple on Facebook.
She posted two comments in Farsi, including one that said: “I hope you go under the ground you idiot. Damn you. You left me for this horse”.

Sadly, her ‘wish’ came true. The target of her ire reported the comments and is refusing to drop the case, it seems.

The Foreign Office said it was supporting the mother-of-one.

Well that is reassuring, the same Foreign Office that is campaigning for freedom of speech in the media by appointing a relatively low profile barrister with a rather more well-known husband as its special envoy on media freedom.

Whilst at the same time, social media freedom in the UK is coming under attack from the UK’s government.

Websites to be fined over ‘online harms’ under new proposals

The Department for Digital, Culture, Media and Sport (DCMS) has proposed an independent watchdog that will write a “code of practice” for tech companies.
Senior managers could be held liable for breaches, with a possible levy on the industry to fund the regulator.

Discussing financial penalties on BBC Breakfast, he (Digital, Culture, Media and Sport Secretary Jeremy Wright) said: “If you look at the fines available to the Information Commissioner around the GDPR rules, that could be up to 4% of company’s turnover… we think we should be looking at something comparable here.”

Well, a proposal for yet another self-financing regulatory agency, (the business model of the Spanish Inquisition, I understand). What will they do with all the surplus funds? What of Dr. Bonham’s Case, all fines belong to the King?

Just out of interest, what exactly might HM Government be complaining about to Dubai when certain social media postings in the UK can get you fined or jailed for 2 years anyway?

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

There should be no such thing as a ‘hate crime’… If someone gets assaulted & hit with a brick, their identity group should not make the crime more or less of a crime. And stating an opinion should never be a crime (such as what gender someone else is).

– Perry de Havilland, discussing this amongst other things.

Free market meat

Vegans have a point: the great thing about civilisation is we can overcome basic natural urges to improve the world. Animals do not want to be eaten; humans have the ability to reduce animal suffering; not eating them is a good thing to do.

On the other hand, bacon tastes good. If I honestly answer the question of why I am not a vegan, the answer comes out something like this: I care about eating bacon more than I care about the welfare of pigs.

There is a spectrum, though. A well-cared-for pig can live happily on a pleasant farm for years, oblivious to its impending doom. I imagine it is possible to sneak up behind it one day and kill it painlessly. Probably such methods of bacon production are more expensive than intensive factory farming of pigs, but if I have enough spare disposeable income I will pay that price to alleviate a little bit of bacon guilt. It is quite likely the bacon will taste nicer too.

This sets the scene for this question:

So you’d be happy for us to have low animal welfare and environmental standards in the name of consumer choice?

Or this question:

How would you maintain environmental and animal welfare standards in your model? Would it be entirely a matter of consumer choice?

These questions are asked in the context of a discussion about free trade. If we just allow people to buy food from wherever they want, the argument goes, then they will buy meat from places where animals are poorly treated because it is cheaper.

One possible answer to that is: so what? People ought to be able to choose how much they care about things like animal welfare. Honestly, I agree with this. I do not think the non-aggression principle applies to animals. I do not think it is right to harm a human solely to protect an animal. Whatever the role of the state is, it is not to intervene in individual choices about animal farming.

That is not to say that treating animals nicely is not desirable. I happen to think there is a good chance that as people get wealthier, they start to be able to afford to care about such things as animal welfare, and they do. This is why there is a market for free range animal products, and in the UK meat branded “Organic” is purchased partly because the Soil Association, who license that brand, mandate strict animal welfare standards. This is exactly how it should work. Somebody cares about animal welfare, somebody puts their money where their mouth is and markets products which promise better animal welfare, people voluntarily buy these products.

Banning imports of food from certain countries because they have lower animal welfare standards is harming people solely to protect animals. It is insisting on threatening people with violence for treating their farm animals in a certain way. And it is threatening people with violence for voluntarily trading in animal products from certain sources. It takes choice away from people. It is regressive: by removing cheaper products from the market, poorer people have to eat less meat. It might be argued that eating less meat is better for them, or that the trade-off is worthwhile because it is perfectly possible to cheaply obtain enough protein from other sources, but this is paternalistic nannying. If these things are true then it ought to be possible to persuade people to change their ways. Resorting to the violence of trade regulations is admitting that you can not persuade people to make these decisions voluntarily. Complaining that people make the wrong voluntary decisions is condescending.

However, I have a problem. My Big Idea (such as it is) is that the left tends to win arguments because it successfully appeals to people’s sense of virtue, and we ought to get in on that action. Helping people who are suffering is virtuous. Reducing animal suffering is virtuous. Our job is to demonstrate that freedom achieves these things better than the ideas of the left do.

A Guardian article by Chris McGreal is an example of the left being really good at this.

In these industrial farming units, pigs, cows and chickens are crammed by the thousand into rows of barns. Many units are semi-automated, with feeding run by computer and the animals watched by video, with periodic visits by workers who drive between several operations.

The article paints a picture of rural America reduced to a few people farming grain to feed animals in factories in the worst possible conditions. All this is done in the name of profit because nobody cares about animals suffering; they only care about getting dinner on the table as cheaply as possible.

This might actually be true. If so we have a paradox: being kind to animals is virtuous; people want to be virtuous; but everybody is choosing voluntarily to buy meat from producers who are cruel to animals. Perhaps they are misinformed, in which case opponents of this type of animal production need only to inform them; there is no need to use violence against people who buy meat from the USA.

Or perhaps all this talk of virtue is mere signalling. Perhaps nobody really does care about animal welfare. If true, then persuasion will not work. People who care about animal suffering have no choice but to resort to violence. This is the problem with the state, of course. You use clever semantics to hide the nature of the violence: you call it regulation; you say it is legitimised by democracy. At the ballot box you trick people into thinking that other people will pay the cost of the decision. Someone voluntarily buying Organic bacon pays the price and they see that they are paying the price. If you convince people to vote for the politician who will instruct the police to arrest the person who buys bacon from the USA, you remove from the marketplace the cheap bacon and nobody sees.

What path, then, is left for us to convince people that freedom minimises suffering, even of animals?

It might just be true that state meddling does not work to minimise animal suffering at all. If so, we should make sure of it and tell people.

In Everything I Want To Do is Illegal, Joel Salatin writes,

I want to dress my beef and pork on the farm where I’ve coddled and raised it. But zoning laws prohibit slaughterhouses on agricultural land. For crying out loud, what makes more holistic sense than to put abattoirs where the animals are? But no, in the wisdom of western disconnected thinking, abattoirs are massive centralized facilities visited daily by a steady stream of tractor trailers and illegal alien workers.

But what about dressing a couple of animals a year in the backyard? Why is that a Con-Agra or Tyson facility? In the eyes of the government, the two are one and the same. Every T-bone steak has to be wrapped in a half-million dollar facility so that it can be sold to your neighbor. The fact that I can do it on my own farm more cleanly, more responsibly, more humanely, more efficiently, and more environmentally doesn’t matter to the government agents who walk around with big badges on their jackets and wheelbarrow-sized regulations tucked under their arms.

Okay, so I take my animals and load them onto a trailer for the first time in their life to send them up the already clogged interstate to the abattoir to await their appointed hour with a shed full of animals of dubious extraction. They are dressed by people wearing long coats with deep pockets with whom I cannot even communicate. The carcasses hang in a cooler alongside others that were not similarly cared for in life. After the animals are processed, I return to the facility hoping to retrieve my meat.

And when I return home to sell these delectable packages, the county zoning ordinance says this is a manufactured product because it exited the farm and was re-imported as a value-added product, thereby throwing our farm into the Wal-mart category, another prohibition in agricultural areas. Just so you understand this, remember that an abattoir was illegal, so I took the animals to a legal abattoir, but now the selling of said products in an on-farm store is illegal.

The picture here is one of the state actively stifling innovative attempts to make a profit at selling well-cared-for animals. It may well be that without all this regulation, being cruel to animals may not be the most profitable way to produce them. Or at the very least that marginally more people would buy meat from well-cared-for animals because it would be marginally cheaper.

The other case to make is that economic growth solves all problems. Enough economic growth gets you tasty lab-grown meat at a fraction of the price of tortured-animal meat. Anything that impedes economic growth by a fraction of a per-cent per year directly causes the suffering of millions of additional future animals, not to mention people. If we can market that argument in an appealing way and counter the more-to-life-than-profit rhetoric of the left, we will be onto a winner.