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]
Over at Libertarian Home, Simon Gibbs (who is the proprietor of Libertarian Home) asks:
I’m asking you a question: have you been tuning into these pages and what do you think is going on? Are some of these legit targets based on some criteria of public safety that you feel is valid? Or are they legitimately operated venues of dissenting opinion which is being squashed?
“These pages” being a list of pages which a certain Justin Harvey (commenting on a Facebook posting) says have been taken down, by Facebook.
I have only very recently plugged myself into Facebook, and have so far only lurked. I have posted nothing. Facebook is useful to me for keeping track of the doings of a few actual friends of mine (this one in particular), but otherwise I find it confusing. They keep nagging me to stick up a picture, so that my “friends” can know that I am really me, but my actual friends know this already.
Besides which, whatever combination of rumour and fact it is that Simon Gibbs is asking about make me think that if Facebook really, really wants me “to take a few moments” to update all my info, they can take a hike. The regular question with which Facebook confronts me whenever I open it, “What’s on your mind?”, feels downright creepy, given what I am coming to believe about the utter duplicity of Facebook’s masters and commanders, wanting, as they seem to, all the privileges but none of the obligations both of a common carrier and of a freelance publisher.
But what does our Commentariat think? I am not so concerned about the mere experience of using Facebook. Nor am I now asking about privacy. It is Facebook’s political biases that I am asking about, as is Simon Gibbs. One of my biases being in favour of people being allowed to express political opinions that I don’t share. The way it looks, to me, now, is that Facebook will be delighted to convey whatever opinions I express on Facebook to the world, until such time as the world starts, in noticeable numbers, paying attention to those opinions, at which point those opinions, being what they are, will vanish from view.
It may well be that, as a freelance enterprise rather than a government agency, Facebook is entitled to behave as it pleases, and face the commercial consequences. But if that’s so, what sort of consequences should those of us who do not share Facebook’s biases be trying to contrive for Facebook, and how? Besides, which, maybe Facebook actually is now a government agency in all but name.
Libertarian Home is an enterprise I admire. I especially enjoy attending its meetings, which happily for me mostly take place a mere walk away from where I live. But the LH commentariat is not as impressive as the one here, and I would love it if our commentariat were to take a serious crack at the questions that Simon Gibbs poses.
The thing is we know how these sorts of plans work out. France has long insisted that a certain amount of French language – and often French produced – material be played upon radio stations. So, there’s a cottage industry in recording songs in French. Which then sell 15 copies – enough for one to each radio station – which are then played at 3 am when even Frenchmen are asleep. This meets the quota and the daytime hours, when adverts are worth something, is in English just as the listeners want it to be.
Given that we’re talking about on demand services here even that much chicanery won’t be necessary. Buy up the rights to some set of old European shlock and have it available in the catalogue and we’re done. There will be tapes of old Danish game shows out there, Greek chat shows, French – Que Dieu nous aide – intellectual debates. The rights to each entire series costing perhaps €1 in perpetuity. Stick them up and we’re done. Judging by the standard output of Portuguese TV there’re thousands upon thousands of hours of accordion music available.
No one will watch them of course, just as they didn’t first time around. The law will have had no effect other than to signal the cultural sensitivity – and economic stupidity – of MEPs. But then what would politics be if it wasn’t mere such signalling?
The education spokesperson also called for social media companies to ban anonymous accounts, complaining at a fringe event organised by the Guardian in Liverpool that most of the people that abused her online did so without using their real names.
Rayner said that social media firms should take greater responsibility for their users and complained in particular that Facebook seemed to have indicated that politicians should accept a higher level of abuse.
When asked what she thought about social media, Rayner said: “One of the first things they should do is stop anonymous accounts. Most people who send me abuse me do so from anonymous accounts and wouldn’t dream of doing it in their own name.”
Rayner conceded that using real names would not stop abuse but “it would certainly help a little bit. I think they should do more, they do have a responsibility for online”.
As I mentioned earlier, Angela Rayner is the Shadow Education Secretary. That ought to mean that she is aware that teachers, like MPs, are often subject to harassment. The Times Educational Supplement had an article on that very subject just a few days ago: “Why your social account is not as private as you think”. It began:
The teacher’s Facebook account was set to private. She was certain of that. Yet, in the past week, she had received four friend requests from former pupils. She could not work out how they had found her.
So, as I am a researcher at the Greater Manchester Police – and her friend – she asked me to take a look. Within 10 minutes, I had not just found her, but I also had her full name, her partner’s name, the school she worked at, the name of one of her children and multiple images of the street she lives on.
The writer, Chris Glover, proceeded to give ten tips that teachers should employ to protect themselves: 1. Keep accounts separate. 2. Vary usernames. 3. Check posts about you. 4. Beware of public posts. 5. Review privacy settings. 6. Don’t follow your school account. 7. Avoid using your real name. 8. Change the friends-list setting. 9. Switch off location. 10. Delete dormant accounts.
Following the above advice should help ensure that teachers can enjoy participating in life online while minimising the very real risk of being tracked down by former or current pupils bearing a grudge, or simply by people whom it is best to keep at arms length for professional or safeguarding reasons.
Until a Labour government gets in and makes Nos. (2) and (7) illegal outright, and demands that all of your personal details are held in one place by a social media company so as to be conveniently available for hackers and identity thieves.
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. The people, as represented by elected MEP officials, have to win every time as they do not even have the option to vote in representatives to reverse a decision. This is the ‘democratic deficit’ that even pro-EU supporters widely acknowledge when they call for democratic reforms to the MEP system.
If you want to bring up the UK, the European Parliament works similarly to the House of Lords. The difference being that the Lord’s have been deliberately striped of much of their power specifically because they do not represent the people, while the MEP’s have never been given the power needed to actually represent the people.
EDIT- And if you think that’s depressing, since the Treaty of Lisbon (2007) lobbying has been an officially recognised and encouraged part of MEP’s decision process under the re-brand “European interest representation”. 30% of former MEP’s go on to work as lobbyists for major industries. Yeah, the people who only have to slip up once can accept weekly fancy dinners and then go on to make €€€ working for companies who give zero shits about what general public’s well-being.
Another example of the EU ratchet in action. No wonder they adopted the use of the neverendum so readily.
Controversial new copyright laws have been approved by members of the European Parliament.
The laws had been changed since July when the first version of the copyright directive was voted down. Critics say they remain problematic.
Many musicians and creators claim the reforms are necessary to fairly compensate artists.
But opponents fear that the plans could destroy user-generated content, memes and parodies.
Leaders of the EU’s member states still need to sign off on the rule changes before the individual countries have to draft local laws to put them into effect.
The vote in Strasbourg was 438 in favour of the measures, 226 against and 39 abstentions.
MEPs voted on a series of changes to the original directive, the most controversial parts are known as Article 13 and Article 11.
Article 13 puts the onus on web giants to take measures to ensure that agreements with rights-holders for the use of their work are working.
Critics say that would require all internet platforms to filter content put online by users, which many believe would be an excessive restriction on free speech.
Article 11 is also controversial because it forces online platforms to pay news organisations before linking to their stories, something critics refer to a “link tax”.
Catastrophic Article 11 vote: The European Parliament just endorsed a #linktax that would make using the title of a news article in a link to it require a license. #SaveYourInternet #SaveTheLink
Article 13 vote: The European Parliament endorses #uploadfilters for all but the smallest sites and apps. Anything you want to publish will need to first be approved by these filters, perfectly legal content like parodies & memes will be caught in the crosshairs #SaveYourInternet
A small silver lining to the cloud is that this move by the EU is particularly unpopular with just that crowd who usually love the EU most.
“In addition to reporting hate crime, please report non-crime hate incidents, which can include things like offensive or insulting comments, online, in person or in writing. Hate will not be tolerated in South Yorkshire. Report it and put a stop to it.#HateHurtsSY”
Well, what are you waiting for? Here is the South Yorkshire Police contact form. It is interesting to see the sort of wrongdoing that has finally prompted South Yorkshire Police to take action. Lesser crimes such as these did not merit such proactive treatment.
These remarks are as apposite today as when they were first delivered in 2012. The Boris Johnson ‘burqa’ furore is actually not about burqas at all (nothing happened when Ken Clarke made very similar remarks in 2013), it is a nakedly obvious ploy to bring down the main political threat to Theresa May, by using profoundly illiberal notions that politically designated groups are beyond ridicule or criticism.
Damien Phillips, a friend of mine, has an excellent article on why Theresa May’s “Brexit-in-name-only” stance is so bad. One reason, he states, is that it keeps the UK within the odious embrace of the European Arrest Warrant system. So far, the EAW hasn’t been the kind of issue to get most people, even most Brexiteers, exercised. But in many ways it represents some of the worst features of what the EU now is.
As the Daily Telegraph is behind a paywall, here are a few choice paragraphs:
The Prime Minister and the British establishment are simply unwilling to recognise the risks that ‘close cooperation’ on security with the European Union poses for the United Kingdom. Such is the desperate desire to maintain close ties, they are blind to the gathering storm in key parts of Continental Europe.
Due Process, a cross-party campaign group launched by, amongst others, the Chairman of the 1922 Committee Graham Brady MP in late 2017, has been fighting an uphill battle to highlight the serious abuses and injustices being perpetrated by EU member states against both their own citizens and ours. Their latest report explodes the presumption, alarmingly pervasive amongst the British judiciary, that EU member states will comply with their obligations under the EU Charter of Fundamental Rights and the European Court of Human Rights.
This idea underpins the entire EU project and in particular the European Arrest Warrant (EAW) system of extradition, based on the ludicrous proposition that all EU member states have legal systems of equivalent probity and repute.
These damning findings are echoed by Fair Trials International, whose recent review of the operation of the EAW uncovers a Kafka-esque nightmare for ordinary citizens. Reviewing over 220 extradition case files and interviewing more than 250 legal experts, they find the EAW being used disproportionately to force people into lengthy pre-trial detention away from home, exposing them to appalling prison conditions, leading to job losses and separation from their families, and putting them at the manifest risk of having an unfair trial.
Both reports should be alarming for anyone who can see the security implications of a collapse of basic legal standards in countries that Britain is sharing intelligence, security and law enforcement information with. States without effective legal institutions are highly vulnerable to corruption, making them prime targets for Russian infiltration and destabilisation. Combine this with the EAW which allows any British citizen or resident to be directly targeted by any EU state they draw the ire of and you have a recipe for “lawfare” on a grand scale. Once a legal system resembles that of the Russian Federation, there is nothing to stop authoritarian politicians or rapacious intelligence services operating with impunity and exploiting the judiciary for their own wicked ends.
It is in light of this crisis that the Irish High Court recently issued a landmark judgement to halt all extraditions to Poland because they can no longer trust the Polish judiciary to deliver a fair trial. Likewise, German courts have blocked politically motivated attempts to extradite the Catalan leader, and even Costa Rica and Serbia have granted political ‘refugee status’ to what are now recognised as being Romanian dissidents.
In the face of the mounting evidence, our Prime Minister continues with her reckless desire to keep our membership of the EAW intact and to cooperate unconditionally with states whose judicial and state machinery are plumbing the depths of Russia, Romania and Turkey.
Instead, the PM should proactively shun the EU’s one-size-fits-all security and legal architecture. She should name and shame those EU member states that don’t fulfil the high standards required for a security partnership with the UK, while calling out the European Commission for its total failure to ensure respect for the rule of law and human rights across the EU. She should reject any form of jurisdiction by the European Court of Justice which has done a parlous job of preventing abuse of an increasingly toxic and politicised EAW system.
In this new age of lawfare, the PM must implement an immediate review of Britain’s extradition treaties, where necessary imposing interim measures to halt all extraditions to those countries that are so clearly falling short of the basics of due process and human rights. The government should enable a “prima facie” evidence test on those governments suspected of foul play or with potentially corrupt legal institutions. Under such a system the burden of proof would be placed on the prosecuting authority and a case would have to be proved to have sufficient evidence to justify a trial – standard practice under English common law.
This new system would have the granular flexibility not just to treat all other states on the basis of equality and reciprocity. It would avoid the wishful, fantasy land thinking of Brussels, and instead rely on the hard-headed reality and principles that have evolved through English common law over many centuries.
And then there’s that rather larger point that if the censor gets to decide what can appear on Facebook then what about claims in the wider media? The opinion pages of all newspapers carry pieces which at least some, on any particular point, will claim is fake including – oft with respect to Oliver Kamm – the use of and and/or or. That a genetic male claiming they are female is correct or not? Which answer – no they ain’t, only if they have surgery or whatever they say – is fake news or not?
To give anyone the power to decide upon fake news on any part of the media is to give the same prodnoses and authoritarians the power to censor it all.
Well, except the Guardian, obviously – “It accuses them of profiting” – if you’ve not made a profit in a decade then you can’t be accused of that now, can you?
Imagine that we did have some arbiter of what was true, what was not. Then the definition of truth will be whatever the consensus is, wouldn’t it? Something which might well benefit those who agree with that status quo in beliefs but does rather militate against the basic ideas of either free speech or a free press.
Yes, of course, actual free speech and press is messy, chaotic and not as many would like. But that’s rather the point, so is liberty those three things. Trying to limit that press and speech will be a constraint upon that liberty too.
Google worked with others to make software for phones. They did not have to do this, and nobody had to use their software. People just found it useful enough that they agreed to use Google’s software with certain conditions attached that they found agreeable. The EU, under the guise of arbitrary rules limiting voluntary interactions, is going to plunder 5 billion Euros from Google.
A friend on Facebook writes, “No! Fuck off fuck off fuck off! This money will get pissed away and squandered (probably on drink by Jean-Claude Juncker) […] their view seems to be: ‘If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidise it.'” (I think Ronald Reagan would agree with that last part.)
The CEO of Google points out that Android has created more choice, not less.
As a woman, I am much more interested in protecting the right to free speech than I am in catering to the possibly-offended. If we are raising girls to feel damaged by a photo of a woman in a bikini, my goodness we need to do better.
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We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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