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]

This poor guy

What could possibly go wrong?

Businesses such as hotels, licensed premises and taxi companies are being provided with awareness training to help them recognise the signs of child sexual exploitation. They are directed to call 101, quoting ‘Operation Makesafe’, should they suspect suspicious behaviour or activity on their premises or in their vehicles.

What if this sort of thing blows the problem out of proportion and makes people deeply suspicious of each other?

A widower who checked into a Travelodge near Thorpe Park in Chertsey said he was horrified when hotel employees called police over fears he was a paedophile.

Craig Darwell and his 13-year-old daughter, Millie, checked into the hotel near the theme park on Thursday (March 30).

Charming.

However, he said his and Millie’s short break had been “ruined” by the incident

No shit. Not to mention every other interaction with any stranger he has while out with his daughter for the next few years under constant fear of suspicion.

She fought Scots law, and the law won.

News reaches us from Dundee, of a lady, Carly Mackie, who thought that she could have her cake and eat it, by parking on another’s land and ignoring the notices demanding the payment due in exchange. Having ignored around 200 such notices, she was taken to the Sheriff court and the Pursuer (Plaintiff/Claimant) won a tidy £24,500 (c. USD 30,400).

Well Carly, it’s your party and you can cry if you want to, but the Sheriff would be unmoved.

Sheriff George Way ruled: ‘[Miss Mackie] has, in my judgment, entirely misdirected herself on both the law and the contractual chain in this case.’
He added that the company had a valid contract and residents in the area had a ‘legitimate interest arising from their title to the land to protect their property and amenity’. The sheriff continued: ‘Parking is not only an amenity but a valuable commodity in modern life.’

Well, he might have said: “The Defender was a trespasser, the Pursuer offered to let her park there if she agreed a fee, she did so, and so the fee is due.“.

However, a Conservative MSP has, we are told, chipped in:

Tory MSP Murdo Fraser has highlighted the distress caused by ‘bully-boy’ tactics, including the threat of court action, increased fines and damage to an individual’s credit rating.

The bully-boy? This was a woman parking on other’s land. Court action is there as the lawful way to prove a claim, and the credit rating? Who (sensibly) would lend money to Miss Mackie now? She clearly seems to think that debts are optional.

The Daily Mail has its own view.

The Dundee case is thought to be the first in Scotland involving a private parking firm and a member of the public – and lawyers say it could open the floodgates in a sector that is notoriously poorly regulated.

Yes, what regulations are there to stop people trespassing? What regulations are there to stop people from breaking contracts, such as an agreement by conduct to pay a fee for parking on land without prior permission? Do tell. Or perhaps let us stick with this private system of offer and acceptance.

It’s nice to know that out there, some judges sit, like spiders, waiting for a buzzing fly to land in their web. Can we have a bit more of this please, it might help to rebuild faith in the law?

Japan attempts to assasinate music industry

The YouTuber Techmoan reveiws electronic gadgets and for some time has been doing investigations into old gadgets. I just watched his highly entertaining video about Digital Audio Tape. DAT made it possible to make a perfect recording in the home. This got music industry people into a bit of a panic.

In September 1986 Stanley Gortikov, president of the Recording Industry Association of America, wrote in Billboard that, “an assassination is in the making. The targeted victim is the world’s music industry.”

In what I would call something of a semantic muddle, he went on to say, “your country overtly demonstrates that it has contempt for the copyright owners of foreign recordings”. He is not talking to Sony or Onkyo who developed DAT, but to the country of Japan. Perhaps he was hoping to shame the Japanese government into somehow preventing electronics manufacturers from manufacturing certain electronics. But I do find it very odd. In the end the US government made life difficult for the Japanese electronics manufacturers.

Watch the whole video to find out about Serial Copy Management System and the Audio Home Recording Act, the technology and products that were available, and the practicality of using a DAT recorder to destroy the music industry (it is not very practical). Then watch all the videos.

Samizdata quote of the day

The result of [the ‘sharing economy] is that in many ways, private tech companies have ended subsidising new forms of public services, for the public good.

That ought to make them the darlings of the Left. Yet unfortunately, the Left just can’t rid itself of its urge to regulate, legislate and tax. And in their efforts to thwart consumer freedom, they have a useful ally in the shape of a legal framework which was developed for the analogue age.

Uber, for example, is the poster child of the sharing economy. Yet 2017 is make or break year for its European ambitions – and at its core is an age-old political battle of Left versus Right.

This battle isn’t on the streets of San Francisco or London; Uber has already won over consumers. Instead, the fight is moving to a soulless courtroom in Luxembourg. The question is whether the company is a technology or a transport company; and the answer is incredibly complex.

Daniel Dalton

In Austria, perhaps they are only following orders….

Hitler lookalike arrested in Austria

A Hitler lookalike has been arrested in Austria on charges of glorifying the Nazi era, local officials say.
The 25-year-old man reportedly calls himself Harald Hitler.
The man, sporting a side parting and a trademark moustache, had been seen having his photograph taken outside the house in Braunau am Inn in which Adolf Hitler was born.
The lookalike had recently moved to the town on the German border, police spokesman David Furtner told the BBC.

Well if ever someone’s face didn’t fit… Best not be a Charlie Chaplin tribute act in Austria then, or go to a Sparks concert, that town ain’t big enough for the both of them.

What’s next, putting down cats with unfortunate colouring?

On a more serious note, how better to discredit freedom that to carry on like this? Perhaps that’s all socialists can think to do. Mocking a fool is better that locking a fool up. Hitler is, thanks to Downfall parodies (here’s one, oddly prescient on the EU referendum, about Gordon Brown’s fading Premiership), a laughing stock, and the one thing that discredits tyrants more than anything is being laughed at. After all, mass murder has not discredited any brand of socialism.

In retrospect

It is reported in the Guardian that the career of a noted creative artist is coming to an end.

… the offences of Phil Shiner, the human rights lawyer who has just been struck off by the solicitors’ disciplinary tribunal, are worse even than they appear at first sight. It is hard to comprehend the nightmare faced by British soldiers he wrongly accused of torture and murder in Iraq. But he did not only fail those he traduced in court. He failed Iraqis who believed they had a case; he failed genuine victims of abuse who will face a harder fight in future. And his dishonesty and deception, and the bringing of baseless cases, risks tainting the whole case for human rights.

There is quite a bit to agree with in this editorial, but the insouciance of the writer takes my breath away. Will the Guardian, so long his leading patron and publicist, be holding a retrospective exhibition of its own extensive Phil Shiner back catalogue?

Samizdata quote of the day

The convener of the Health and Sport Committee, Neil Findlay MSP, defended the proposed policies: ‘Scotland has not previously been afraid to take the initiative to tackle health-related issues when other interventions have failed. This is why this committee is asking for a bold approach to tackling obesity.’ This, in all its overtly protective language, is a call for further intrusion into the life and liberty of Scots. We don’t need to be subject to gross social engineering. We don’t need to be treated like ignorant, gullible pawns, shuffling brainlessly towards Scotmid for another high-calorie fix. We drink alcohol because we like alcohol. We eat fatty foods because they’re tasty. We drive cars because they’re useful. We don’t need the obesity-obsessed overlords in Holyrood lecturing us on our lifestyle choices.

Our message to politicians like Findlay should be clear: get stuffed. Who knows, it might make their policies taste less sour.

Charlie Peters

Samizdata quote of the day

Last week, the Supreme Court ruled that a bus company acted unlawfully by failing to do more to enable a wheelchair user to board the bus. The claimant’s complaint was that a young woman and buggy had been occupying the designated area for wheelchairs. Many have focused on the court’s conclusion and celebrated the ruling as a blow for disability rights. But the true significance of the case is that who sits where on the bus could become an issue of law. The rule of law now extends to regulating issues of politeness.

Jon Holbrook

Discussion point: porn on the bus

Here are two contrasting articles from the Guardian:

Watching porn in public is not OK. It’s harassment – Rhiannon Lucy Cosslett

Pussy Riot celebrate the vagina in lyrical riposte to Trump – Luke Harding

It is no discredit to the Guardian that different writers for the paper have said contradictory things, although none of the dozens of comments I read to Ms Cosslett’s article brought up the the difference between the views of old and new feminists on whether it was liberating or deplorable to shock the public.

Many Libertarian-ish people would say that incompatible preferences across different groups of people regarding what should be seen in public could be solved by property rights and competition. Each shopping mall and bus company could set its own rules, some catering to the puritans, some to the libertines. That would be nice, but until we find the door into Libertopia we must deal with the major regulator of such things being the State.

What do you think? How should people behave here and now? Do the existing laws come first or ten millionth on our list of things to oppose – or should we support them? Is there more of a problem than there used to be, now that people can watch R18 movies on their Kindles on the bus while a twelve year old sits next to them? Or is this just another moral panic that could be solved if people kept their eyes to themselves?

By the way, consider this blog post to be a a venue where, as they say on the cinema screens, “Strong language may be permitted, depending on the manner in which it is used, who is using the language, its frequency within the work as a whole and any special contextual justification”.

That’s how the cookie warning crumbles

KitGuru reports:

The European Union proposes law to stop browser cookie pop-ups

Back in 2012, the European Union passed a law requiring websites to give visitors a warning regarding browser cookies. These pop-ups or banner warnings are now common place across the web and were initially intended to protect user privacy but for the most part, they are just seen as an annoying box getting in the way of whatever content you are trying to access. It seems the European Union now also agrees with that and has proposed new regulations to do away with cookie pop-up warnings.

We initially saw a drafted version of the proposed law back in December but this week, the European Commission officially unveiled its proposal. The plan is to essentially remove website banners that provide disclaimers on browser cookies. A user’s browser preference in regards to cookies will automatically apply to sites they visit instead.

See, Brexit is doing them good already.

It’s a ruddy hate crime, that’s what it is!

The Times reports,

The home secretary’s party conference speech proposing that companies compile lists of foreign workers has been declared a “hate incident” by police under crime recording policies that she has supported.

Amber Rudd’s remarks about tougher rules for immigrant workers and foreign students attracted fierce criticism at the Conservative party conference in Birmingham last October.

She said that the government would be “examining whether we should tighten the test companies have to take before recruiting from abroad” and ensuring that foreign workers were “not taking jobs British people could do”.

Joshua Silver, a physics professor at the University of Oxford, was so concerned that he reported the speech to police.

“I felt politicians have been using hate speech to turn Britons against foreigners, and I thought that is probably not lawful,” Professor Silver said.

Once he reported the speech, police were required to investigate.

West Midlands police have now written to the professor stating that the inquiry is concluded and the matter “has been recorded in line with the National Police Chiefs’ Council manual as a non-crime hate incident”.

The policy of blanket recording of all hate incidents was set out in 2014 by the College of Policing and backed by Ms Rudd last year.

I do not know whether Professor Silver’s motivation for reporting Rudd to the police was serious or satirical. Either way, it gave me a laugh.

Update: Apparently he was being serious. There is humour to be derived from his bout with Andrew Neil on BBC2’s Daily Politics, though I prefer my comedy to be less cruel. Kinder souls will hope that Professor Silver is remembered as the inventor of a type of low-cost user-adjustable eyeglasses – devices which might help millions of people – than for today’s embarrassing performance.

By the way, next time you read of the post-Brexit surge of reported hate incidents, remember the surge includes this.

Some things I will miss about the now defunct Bella Caledonia web magazine

Bella Caledonia is, or was, a magazine style website devoted to a far left vision of Scottish Independence. I lurked there often and commented seldom. When I clicked on the link http://bellacaledonia.org.uk/ this morning I saw a message abruptly announcing its closure, and when I visited it again just now I saw the “404 Not Found” message. (Update: the site is now back up, though its future is still in doubt.)

I hope that was just a glitch and they haven’t really taken the whole site down. However far from them I am politically, I can have nothing but sympathy with someone who has been writing for or commenting at a website for a decade and then finds it has all been wiped. I would cry if that happened here.

As someone interested in languages, I shall miss the writing in and about Scots. I shall miss the commenters. Some of them were refreshingly, some worryingly, far from the mainstream of politics. A feeling of kinship… I shall say no more. Above all I shall miss their clarity about what they wanted for Scotland.

Three years ago I was so struck by an essay by regular Bella contributor Robin McAlpine, director of the Common Weal thinktank, about his desires for press regulation in a future independent Scotland that I copied it to my clippings file. The title alone was an Orwellian masterpiece. It originally appeared at this url: http://bellacaledonia.org.uk/2013/03/19/real-freedom-sounds-like-many-voices/. Since that piece now seems to have vanished along with the rest of the Bella Caledonia archive, and since it is a mirror to the latest efforts by a Conservative UK government to end press freedom, I shall preserve it by posting it below.

I have put the phrase “Above all, this would require that titles other than the franchised ones would be banned” in bold, but other than that have made no changes. Here it is:

Real Freedom Sounds Like Many Voices

by Robin McAlpine 19TH MARCH 2013

“What we are actually having a debate about is the right of very, very rich people to control our society outside of any oversight or regulation …”

I have unburdened myself of the frustration I feel at the way I feel about how the media regulation debate has been covered in the Scottish press (here). Since then I’ve been contacted by a number of people who share my frustration but who want to know if there are other options for media regulation or other possibilities or arguments that are being censored in this debate. Yes there are – all of them.

→ Continue reading: Some things I will miss about the now defunct Bella Caledonia web magazine